THE TRIAL OF A U. S. JUDGE

Atkinson, Will

The Trial of a U. S. Judge It was Not Hanford Alone Who Was on Trial; But the Constitution By WILL ATKINSON SELDOM HAS such a spectacle been presented as was seen in the city of Seattle during...

...To impeach a Hanford or an Arch-bald is futile...
...This decision was later reversed by the circuit court of appeals and is now pending in the Supreme Court...
...How subtle are these first temptations, social attentions to his family, royal good fellowship, favors so veiled that courtesy forbids refusal, but these gossamer threads in time become a web absolutely impenetrable to the judge enmeshed in them...
...The entire abolition of privilege is the life work, the highest duty, of every true democrat, of every real republican...
...for we at once set their selfish interests in conflict with the interests of the community...
...Equal rights to all is the only basis on which any republic may endure, and every special privilege is a denial of equal rights...
...The chairman, J. M. Graham, and W. I. McCoy showed great ability...
...Who Was On Trial BUT La Follette's lacks space to give all the details of the evidence...
...In the same court room where he had for years exercised autocratic power U. S. Judge Cornelius H. Hanford appeared before the committee of the U. S. House of Representatives, charged with worse crimes than in all his twenty-two years' service any criminal had been accused of before him...
...Judicial "Mannerisms" TO OFFSET the testimony of many who swore they saw him drunk, the attorneys for the defense produced many witnesses who swore they did not see him drunk...
...The part I omit here is merely devoted to the question of his power to make the appointment...
...Adams said when we abandon annual elections we enter on an era of tyranny...
...It's mighty poor law and mighty dangerous doctrine...
...Vernon, Wash., Dear Sir:— * * * * * * I do not usually inquire about the Politics of persons recommended as commissioners, but loyalty and a belief that the national government may rightfully exercise its lawful authority in all places, are qualifications for the office, and when the time comes for making an appointment, I will not regard Mr...
...We must not only make all judges elective and subject to recall, but we must abolish privilege wherever it exists...
...October 20th, 1896...
...Weppler, and do not know his position in this campaign, Resp'y, (Signed) C. H. Hanford...
...As Colonel C. E. S. Wood, of Portland, Oregon, said, "According to Judge Hanford's decision, a man's citizenship may be taken from him simply because his political views do not coincide with those of the judge in the case...
...to his irrigation company of lands owned by the railroad...
...We must change the conditions which create Hanfords and Archbalds...
...For, a high priest of the law, a guardian of justice, a sworn servant of the people, he was charged with having violated decency, betrayed the people, despised law, outraged justice and with prostituting his high position and unquestioned ability to the service of those who plunder the people...
...The longer he remains on the bench the more complete his estrangement from the people...
...In Judge Hanford's opinion treason consists in differing with Judge Hanford...
...A Judge in Politics BUT, like most Constitution worshipers, Judge Hanford ignores the Constitution whenever he wishes to, though he considers it treason for others to ignore it...
...the more thoroughly the world he sees through the colored glasses of the interests becomes to him the only real world...
...The distinguished attorneys defending him claim of the Olsson case that "the point of Judge Hanford's decision was that Olsson had deceived the superior court of Pierce county which granted him naturalization" but they admit that "upon this fact the testimony was in some conflict...
...In the early part of the investigation E. W. Higgins, the Republican member, seemed to think it was merely a partisan persecution of a Republican judge, but during the latter part he appeared to be convinced of the truth of the charges and took an active part...
...Tom L. Johnson said no truer thing than that "When we give men a franchise, a special privilege, we make the men who should be our best citizens our worst citizens...
...If we want figs we must cease planting thistles...
...Paul S. Hogan, Mt...
...The defense was given the widest latitude...
...To give any men irresponsible power is to create tyrants...
...But the Constitution By WILL ATKINSON SELDOM HAS such a spectacle been presented as was seen in the city of Seattle during the past few weeks...
...None claimed that he had a right to sleep on the bench when the arguments were deadly dull nor when he had settled upon his decision in advance...
...I believe they will find every charge sustained...
...while some of them hold to the ancient idea that no man is drunk so long as he can lie down on the ground and hold on...
...Hence these interests begin spinning a web of environment around the new judge, at first airy, gossamer-like, almost impalpable, but in which in time will sunder him entirely from sympathy with the people, surround him with a network of opinion, precedent and temptation which he cannot escape...
...The three distinguished attorneys who conducted his defense to all appearances based that defense on the theory of Uncle Mose, who was sure he would be acquitted of chicken stealing, "Bekaze dey have only two witnesses who saw me steal de chickens and I has six witnesses who will swear dey didn't see me steal dem...
...Taken alone, Judge Hanford's action in the Olsson case might have been explained away, possibly, and men who do not realize that their own rights are jeopardized whenever the rights of the poorest, weakest or even the most criminal are attacked, have been inclined to pass over the matter as one which concerns only Socialists...
...The full text of the letter will be found in the records of the committee...
...Irreverent critics say some of these men were with Judge Hanford on many occasions when none of the crowd were in a condition to pass on the condition of the others...
...The attitude of the committee was eminently fair and judicial...
...While these negotiations were under way Judge Hanford reduced the railway's taxes in King County for 1907 almost in half, cutting down the tax levy from $106,208.84 to $60,690.75, a reduction of $45,518.09...
...To offset testimony that Judge Hanford had slept on the bench so soundly that he did not waken at the conclusion of an argument or know of the absence of a juror, witnesses for the defense swore that this was a "mannerism" of the judge and others that he was really awake when he seemed asleep...
...Weppler as a suitable person, unless I am assured that he is not a supporter of the Chicago Platform or of the candidates for office who subscribe to its declarations...
...One witness swore that he made a bet that he could go to any one of a half dozen bars in Seattle and by merely asking for a "Hanford cocktail" would get a cock-tail with an onion in place of an olive...
...So, at the same time we make every Federal Judge a potential tyrant, we create a class who have special privileges at the expense of the equal rights of others and who are therefore tremendously interested in inducing these judges to exercise this tyrannical power to the further injury of the public...
...These judges, who, sworn to uphold justice, yet despise law and betray justice are themselves victims of conditions for which "we, the people," are responsible...
...Our federal judges, when appointed, are usually lawyers and gentlemen, but when they realize that their salaries and positions are secure for life, regardless of their actions, they only too frequently exercise the arbitrary, irresponsible power we have carelessly given them...
...Those interested should get copies of the committee's report...
...He won his bet and produced evidence before the committee to confirm his story...
...As to that, the Republican U. S. Attorney General said, "The Department of Justice believes a great injustice has been done Leonard Olsson...
...A letter was introduced as evidence, whose authenticity Judge Hanford acknowledged, showing that this was the identical position which he held back in 1896, and that as in 1912 he regarded Socialists as traitors for desiring to amend the Constitution in a legal manner, so in 1896 he regarded Democrats as traitors because their opinions differed from his...
...Letter after letter was read before the Committee, which were written by Judge Hanford personally on the letterheads of his court, urging the sale by the Northern Pacific Railway Co...
...The Constitution provides that treason against the United States shall consist only in levying war against it, or in adhering to its enemies and giving them aid and comfort...
...Yet Judge Hanford was right when he said that the Constitution was on trial rather than himself...
...Seattle, Wash...
...Our Hanfords, Archbalds, Philips and other judicial anarchists are the natural and inevitable result of appointing Federal Judges for life...
...I say this because I am not personally acquainted with Mr...

Vol. 4 • August 1912 • No. 32


 
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