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the Supreme Court by an organization that was not skilled in law, not skilled in constitutional government and really not posted in the fundamental principles of a republic, was actuated by those, suggested by those who should have had a higher sense of the exalted position which the Supreme Court occupies; and when we are debating resolutions here I should like to have them in such direct and forcible terms that these who are making use of certain strong forces in this state for political reasons should understand that the bar of this state upholds the Supreme Court of this state. It is a duty which we owe to the members of the Supreme Court and to the tenets of our profession, that what we say should be in no uncertain tone; that the people should understand, not only the laymen, not only the profes sional man, but in particular the agitators and professional politicians, that in the state of Colorado the members of the bar respect and honor their Supreme Court and their appellate courts generally; that when the members of that court, upon full argument and due deliberation, unanimously agree to a principle which lies at the foundation of republican institutions, the judgment of that court is entitled to full acceptance and respect, and should not be made the foot-ball of politicians or the plaything of the different parties. I say that this condemnation should be in apt, concise and condemnatory terms, and that there should be no escape from the meaning which the bar puts upon such an assault made upon the highest judicial tribunal in the state of Colorado. (Applause.)
K. R. Babbitt:
I wish to express my approval of every word that has been said by the last speaker. It occurred to me when these resolutions were read that they were not vigorous enough in their terms, and I therefore move that it be recommitted to this committee with the request that it be modified-I hardly know how to state it-be made a little more vigorous.
Henry F. May:
May I say a word in defense of it? It may be made more emphatic. We might use the word "denounce" and the word "outrage," etc., but it seems to me and I think to the other members of the committee-that it ought to be treated as if these labor organizations had been misguided rather than deliberately wrong, and so the word "regret" that the attacks have been made is used, and, to make it plain what the opinion of the As
sociation is, we have said that "in the opinion of the Association they are unwarranted, unjust, tend to destroy the independence of the judges and ought to be discouraged." Now, I do not say this because I have any personal pride of opinion, or that the committee has in this particular resolution, but it might not be a wise thing to shake the red rag at the labor organizations and accuse them of doing an unrighteous thing. I think that was done, as Judge Rogers said, by agitators and professional politicians using the labor organizations, or the laborers themselves who compose those organizations were merely misled; and if we make it plain that we absolutely disapprove it, it seems to me enough.
James H. Blood:
I move you that the resolution be recommitted to the committee; that the committee be increased by adding Judge Rogers and Mr. Babbitt to the committee.
John H. Denison:
Before it is recommitted, there is another matter connected with that resolution which I would like to suggest, if it be proper. It seems to me that the resolution as now framed leaves the question, or may be supposed to leave the question, as to the right of the decision, out of the way. It is true, in one sense, that ought to be out of the question. I don't know whether this decision was right or not. But it seems to me that we ought to say in the resolution that the opinion of this Association is not based upon our consideration of the right or the wrong of the decision; that that idea ought to be expressed, and that so far as we are concerned, whether the decision in our opinion is right or wrong, the agitation is wrong.
Which motion was carried unanimously.
Thursday, June 28, 1900, 2 p. m.
The meeting was called to order by the President.
Geo. P. Steele:
Mr. President-The Committee on Nominations are unanimous in their report, and beg leave to report as follows:
For President, Moses Hallett.
For First Vice President, K. R. Babbitt.
For Second Vice President, James W. McCreery.
Westbrook S. Decker:
I move the report of the committee be accepted and adopted.
I feel called upon to make an objection. I was not advised of the character of this report until it was read a moment ago. Now I wish to submit to the Association whether a judge of the court ought to be President of this Association, not upon the ground of his incompetency to perform his duty, as I am willing to assume that all judges are capable of filling the office of President of the Association, but there are some duties, as I am advised, in respect to some members of the bar (the number being very small), devolving upon the Association which perhaps require the Association to appear before the courts in the prosecution of those matters. I don't know how, if this Association upon occasion resolved to proceed against any member of the bar for misconduct in his office of attorney, and should find it necessary to come before a federal court for that purpose, I don't know in what attitude I will be placed under such circumstances. I call the attention of the Association to this matter before this question of the presidency shall be finally acted upon.
I presume it is for the Association to entertain or not entertain this objection, as it may seem proper. It seems to meet with about the same reception that objections in the federal court are generally met with. (Laughter.)
Westbrook S. Decker:
The Executive Committee desire to report that they have examined the Treasurer's accounts and find them correct, and I move that they be approved.
Motion seconded and carried.
At our first meeting of the Colorado Bar Association we were delighted at an address from one of the justices of the Su
preme Court of the United States, Mr. Justice Brewer. At the time Judge Brewer received appointment to that distinguished position, the gentleman who will address you to-day was generally and most favorably mentioned for the same position, and no doubt some day will be seated by the side of Judge Brewer upon the Supreme bench of the United States. I have the honor of introducing to you the Hon. John L. Webster, of Omaha, who will deliver the annual address to our Association upon the subject, "Has the United States Outgrown the Constitution?" (Great applause.)
(See the Appendix.)
I take pleasure in introducing to the Association Mr. K. R. Babbitt, who will address us on the "Law Side of the Puerto Rican Question." (Applause.)
(See the Appendix.)
The Committee on Resolutions has agreed to the following resolutions:
Whereas, The one feature of American institutions which has commanded the respect and admiration of the civilized world is the unfaltering devotion of our national and state Supreme Courts to the perpetuation and maintenance of all constitutional guarantees of life, liberty and independent action in the pursuit of safety and happiness; and
Whereas, The Supreme Court of the state of Colorado has, at all times hitherto, vindicated its position as an impartial and fearless custodian of the sacred provisions of the Constitution and an impartial arbiter of the controversies of our citizens; and
Whereas, Its continued integrity and impartiality must rest upon fearlessness of action, induced and sustained by loyal and patriotic acceptance of the wisdom and justice of its decisions; therefore, it is
Resolved, by the Bar Association of the state of Colorado, that the recent attacks made upon the Supreme Court of this state are unwarranted and unjust, founded upon no worthy provocation, and would, if capable of producing the effect intended, destroy the fearlessness and independence of the bench,
weaken the surest defense of a free people and invite a disregard of the most cherished rights of those making the attacks.
John H. Denison:
I move the adoption of the resolutions.
Seconded by Mr. Gove and unanimously carried.
I now have the pleasure of introducing Mr. May, who will address us on "The Office of Attorney at Law." (Applause.)
(See the Appendix.)
This closes the program as announced. What is the further pleasure of the Association?
John R. Smith:
I move the thanks of the Association be tendered to Mr. Webster for his excellent paper.
Motion seconded by Mr. Denison and carried.