The Seattle Star Newspaper, December 17, 1910, Page 1

elty and the suburbs. ou may have The Star for 26¢ per month, : “The sentence of the court is that the Star Publish- eg Co. be fined in the sum of $600, that Leroy Sanders, Fuitor of The Star, be confined in the county jail for a fod of four months, and that Hugh Allen, managing or, be confined for a period of 30 days.” In these w Judge Mitchell Gilliam late yesterday de that The Star and that f go to jail because The Star 10 days ago criticised the of an tion in favor of the Furth-Stone-Webster trust was in contempt its the people of the Duwamish valley were waiting in the rt room and led them t own recognizance two ¢ released on rs his till 11 this t bail. owing to technical delays in procur An appeal to the supreme court is being perfected and be filed at or Pendir fecisi of th ppeal is held on $2,000 bone on $1,000, and the Star ing Co. on $00. S The Star has decided that the case will be carried to the court country to get a final de non the mr mt whether the courts are subject to cr the sam lective and appointive office i veal Tl Affidavit. Co, as a ever were presented in court that the Star Put has lutely no control over, of | rporation, abs« f what is printed in the ex that Allen had adjudged nter with but thing to and articles art the fact that the case was till 10:30, then 1:30, and afternoon, because Deputy urged the case The Star rt roor ed with f proc were from jany the Duw editors. sdged of court was November 22, when the temporary ir ating the Duwamish valley people in contempt unction was were ¢ and death strug with the ebs r aly, m re on the cars refusing to pay fall exort t anded by the pany Ie opening t Perry, attorney for The Star bn H ¢ conter affidavit authorities, reac ted a der decisions and as high a courts Tt was law supporting ng to show by press and p m, Perry's pressive s mstruct part NT PERRY’S AR JOLDS THAT NEWSPAPER MUST NOT RITICISE COURT ON PENDING CASE editors I and his family, while Sanders remained in fight will be made for the principle involved and ir- of immediate or ultimate results to The Star or its al columns of} the both published | “That court, in 1873, aE he Seattle Star e SEATTLE, WASH., SATURDAY, DECEMBER 17, 1910, JUDGE GILLIAM SENDS EDITORS OF THE STAR TO JAIL FOR CONTEMPT | that, unless it is summarily stopped and punished, the court cannot pro ed with its duties; but to enable a judge to punish by summary pro- mpte other than thowe just mentioned is to set at naught j without adequate reason » of our high constituth 1 sanctions, Then for the judge to conf & weakn in this reepect, and to make this confession in so conspicuous a way, is at least j tained. But there is another view beyond th WE CAN CONOEIVE OF A CORRUPT JUcae Wook wid Oneabe itimioation, 8Ut| HONEST MEN as against laws made by DISHONEST DOLLARS. And the fight will go on. and bold man of thie class an engine #0 potent as this is to take away one of the few means by which HE CAN BE D. Certainly « Prerogative so violent and so damaging should not be exercised except IN CASE OF NECESSITY.” In State v, Sweetiand, 3 8. D. 503, 54 N. W. 415, the supreme court} says _ “If the judge was unjustly accused by the article in ques-| tion he had the same, and only the same, remedies for the re-| | dress of the wrong which belong to all other citizens.” } In Dunham y. State, 6 lowa 245, the court nays, speaking of news paper articles the publication of which had been held to be contempt} of an infe court | | “Nor are we to be understood as sanctioning the propriety of th | Course pursued by respondent in his comments and references to the Proceedings of the court. If his attack was libelous, then it seems to us that he and the judge assailed should be placed on the same grounds, and their common arbiter should be a jury of the country it would be a fruitiess undertaking in this country, where the freedom of speech and the press ie so fully recognized and so highly prized, to attempt to prevent judicial opinions from being as open to comment and discussion as an opinion or treatise upon any other sub- ject, It is well and fortunate that it ie so. This right is fully recog] nized in England, and it would be strange if, under our inetitutions, | we should be less tolerant.” In the case of People ¥ Mr. Justice Helm says “Some courts make the plea that it is one of the essential powers of the court—essential to its very existence and absolutely necessary | to maintain dignity and maintain respect. | concede that power to! punish for contempt is essential to a proper enforcement of the decrees of a court, for th d by the leg ture; but | deny that » to maintain dignity and command the that the power should extend to contempts of this character d of commanding respect, it has the opposite! effect. The respect must be earned by honest judgments and upright | conduct of the judges: and when this arbitrary power is used the people | regard it as an element of weakness rather than as an evidence of integrity.” | recent work on constructive contempt former judge of the supreme court of Missourt, the law of necessity | “This theory of the law of ne ity applicable to the punish. | ment for contempt for newspaper publications is flatly contradicted by | the facts of history. The supreme court of the Un d States haa never exercived nor attempted to exercise such a power, though it has, at} times, for 100-years or more, been vilified, abused and libeled in an | a manner | in Ex parte Robinson, DECIDED! THAT UNDER THE ACT OF CONGRESS OF MARCH 2, 1831, THE COURTS INFERIOR TO THE SUPREME |COURT OF THE UNITED STATES HAVE NO JURIS-| DICTION IN A CONTEMPT PROCEEDING FOR ACTS NOT COMMITTED IN THEIR PRESENCE; and yet there! | are no courts in the states of this union that stand higher or are more respected than the United States courts of appeals, the United States circuit courts, and the United States district | Green, 7 Colo. 244, 3 Pac. 277, 49 Am. Rep. 381 Mr says Jobn L. Thom in speaking upon courts.” Al thie same line, the supreme court of Wisconsin, speaking on he same sobject, sald | Is it m that a court should possess this power? We " t hy a necessary for the due admin { This plea of necessity has always been urged as the reason for the as issued an o} t ndants 5 f exercise of arbitrary power not sanctioned by law. All tyrants take ie 8 eattle Star, a refuge behind it stfid 4 1 Gen. Alexander Hamilton, in ¢ ng the argument in the ¢ t fer w stitu against Harry Croswell, the publisher of a at Hud N os York, said | Disorderly, contemptuous or insulting behavior toward the judge| “The liberty of the press consists, in my idea, in publishing the folding the court, tending to impair its authority or to interrupt | truth, from good motives and for justifiable ends, though it reflect on Gee course of a trial or other judicial proceeding. overnment, on magistrates or individuals. If it be not allowed, it mind the tor whict 4 fine in any sum not to exceed $300,| excludes the privilege of canvassing men and our rulers.” Imprisonn a period of six months, or both h fine and] And giving h eciaion, the court say sonment | “1 adopt in this case as perfectly correct the comprehensive and 1 in ‘Atticle S, of the constitution of W cont accurate definition of one of the counsel of the bar (Gen. Hamilton) ie bill of : that the liberty of the press consists in the right to publish with S "Every person may freely speak, write and publish on all sub-| impunity truth, with good motives, and for justifiable ends, whether er~ being responsible for the abuse of that right | it respects government, magistracy or individuals.” | dment to the constitution of the United States pro-| , I . ‘ Bs te shall make or enforce any law which shall abridge| ri 5 e or immunities of any of the citizens of the United| i e the 1 of our liberty | gt. ve any person of life, liberty or property without | Destroy the conf f our people in our laws and you aw, nor deny to any person equal protection of the law. “ pa er of < BN +a < M f m, a t ey 1 eration wi the prone cont Judge ( “The ev perely, but any f the Pent such free sa } ly esser ’ rights as And M 1. 6 eme court of F tn the « ‘or 1 w, ie I nd * * * * Nor do we wish to be = MM Protect , , Mitel inv, me . Prin, ws Wi ood as ex j any opinion as to the power to punish othe Attorney ers of the court for language or conduct even| 7 I IVE EMPTE hat | If the courts demand their rights be respected and pro | tected by the people, the rights of the people must be respected and protected by the court 1 respect for the dignity of our courts z the press or suppress the free- | iberties, because they have cried | of the in it that 1 t does not n the eyes of our people tc om of constitutional speech sloud for help against the use trur has ren I NEVER CAN THINK THE TRUTH IS A CRIME, | toe. t tra- ¥ i With great propriety be regarded as a limitation upon the power of | IR; tourts to p h for any er contempts. An honest, independent and Intelligent court win its way to public confidence in epite of per pa s, however pointed may be their wit or satire, and wise’ dignity w ‘ess by passing them unnoticed than by arraigning Pedgment ffended party. It do mt e necessa the protect { courts in the exeric eir legitimate ¢ this one, » 6 to abuse, should sneédall ta thew t RESPECT TO TS CANNOT BE COM EDITOR’S AFFIDAVIT | CALDWELL’S REPLY pre Y t Jer hat sa were published ne ld ec ha affiant t 40 be contemptuou judge | 1 € Li ned i h 1 Jud , ‘ du rae r judicial proceed gerated insofar a fu est and report of the affair | spread WHERE THE STAR STANDS TODAY The people of Seattle know where The Star has stood, and today all that The Star wishes to say in the way of comment is that The Star stands today where it has always stood—for MEN as against ustice ae is the publication In which the sbjectionable mawer com! DOLLARS, for RIGHT as against WRONG — for laws made by we ‘i eee eka ehhh * By Deputy Prosecuting At * torney Hugh Caldwell, who | ® prosecuted the « |# “That was ao ® sentence the j 1 # Dever al any time in the pro cordings expected it to no * ee : 4 +eeeeeeeeeet PEOPLE WITH STAR That the Star in the fares, ie telephone the elty today of the sente Rainier valley residents today of fered to pay the fine of The Star Publishing Co. or to raise the bal money Duwamish valley citizena will bold « bia masse meeting tonight to divquss plans to bring the fight be fore the legislature. é } Hundreds of persons visited The tar office to say that the people Star, The editor of The Star was Visited in jali by mere than 26 men and women dur ing the morning to way that they will be heard as voters on this mat ‘or Rev, O. H. McGill of the South Park Methodist church called at the county jail to urge a continuance | of the fight for the people. | Ole Hanson from Mission Jk tien, B.C » following tele gram: “Juet d contempt de olsion. Notify my partner to fur- nish whatever bail necessary.” The of the jail sentences | wildfire yesterday. Both fice and at the county j people are behind The pre fight for low evidenced by scores of messages from all over following the news at the jail, telephone messages began | pouring ir all quarters early last night 5 dedi de tate at taeda, * * * THE PINK STAR * * WILL REPORT THE *| * FIGHT TODAY * * The Frayne-Hogan boxing */ * match, which starts at 3 #| % o'clock this afternoon in San * ® Francisco, will be reported # * round by round In The Pink © Star, on sale everywhere in & * Seattle after 5 o'clock. . ee Sketched From a Photograph by Von A revealed to your affiant at the time of said publication unded f Your affiant is the The Seattle Star, and received it he t ght up by Caldwell along the n bie complaints fr dents of the Duwamish valley a fj stand for examina. your affiant felt it b t the public know the condition of |, ti “ ex uted Aller d The Star affairs and the act blic service corporat to-wit, th i fror c which were Puget Sound Klec c h aff we that hur c He took all the ir pub. dreds and hundreds of ident ne of the, licatic questioned by Perry, Caldwell and Judge Gilliam Pu yund | © company's scoma it yan railw As he k hi t the judge ove d Pert rer and are people of ordinary means, who purchased small tracts of land, and| pas entence fe for the purpose of earning a live’ began farming and dairyin ane Aud they did 20 with the GILLIAM’S DECIS farea on said line w remain e rat that th 3s é iid = mak a living fror their as th Th r L what th « 8 ect tc dinary began to me } perous In a he sa et nd ¢ n r 1 t cious part of Elect rte yn par me ly began th ate f le k his he carte h hat it wrench from the small owr of the Duwar ‘ th hard a t ney t et tl fac pending earned ars; @ aff ha t mplaints f t t . iat tates aged men and widowed women who have beer ci i th r law th tate ot iene , ht t salen ie whatever he coul \ nd in | prog a trial before the have a tendency to em , 1 the article 1 were 1 Q harraue the 'é n the de f that case t upon one Mitchell Gilliam “Now, the laws generally apply to the rich, as well as the poor, ther e, nor a t h of Judge G Ar an to the high, as well as the low, and it is the duty of the court to other judge, in any cause pending his court, but by means of fair decide every case that comes before it according to the law as the and free criticism of a pernicious system which has been brought about! court finds at the time the case is being tried under legal process wherein the public are made to submit and to Now . f operty ls ‘ eople by injuno continue to endure the exorbitant charges of public service corpora { 1 ps EN gene tions; and your affiant did not believe at the time of publishing said 1 t " 1 xtrane articles, nor does he believe now, that he has reflected up the in \ \ : sages 1 tegrity of ‘this court, or impaired its authority by fighting, through ie 1 ehios Seat Ne the columns of The Seattle Star, for square deal and reasonable 2 \ A ¢ rates throughout this state from the public service corporations to the wa a public De} tor Cal tr ase cit 1 Misso! sourt i r wer oc road allroad had ealed which ent It back for retrial again railroad and the supreme ¢ time it refused to allow the case t securing a victory for the railroad A Misac irl newspaper critt has a tendency to make the people believe that the court around 4 to issue these injunctions, | presume the people come here expect : ing to find the t stooping to the corporations’ call, a ta tive of the corporations standing here dictating what the court shai Now, the effect of these newspaper public ass the court in the disposition of that case. It holds t t idi ‘ ule in the orders made, ridicule and contempt of t e.4 Under the decision of the supreme court in the Tugwell case, W ere a r there cannot be any question of whether this ontemptuous f ae The supreme court has set the precedent and this court is going to 1 follow it, | shall overrule the demurrer t the ra « igain, definit a , ' end Don’t Hesitate to Phone The Star, Main 9400, or Ind. 441, If your pa per falis to reach your home regularly every You are entitied to good service ey | night — ON _ TRAINS AND NEWS STANDS Be. ONE CENT. eee rae es ae mel BY LeROY SANDERS, Editor of The Star. (Written in the County Jail.) sat a THIS IS JUDGE GILLIAM