The Seattle Star Newspaper, December 29, 1910, Page 1

EW YORK PAPER PROTESTS AGAINST COURTS ATTEMPT TO THROTTLE PRESS MUST THE PRESS BE MUZZLED TO MAINTAIN THE “DIGNITY OF THE COURTS”? “ r and Publisher,” ' rene bcitor ox gPetone ack senna Aten satrernan There are a large number of lawyers in the country; there| government by lawyers. editorial and criticising the decision, but contended there was nt issue to comments and news matter dealing with Judge |@"¢ 12,000 in New York City. As every lawyer is, or was, or ex- But we are not alarmed by this attle case, Probably} no contempt, since the act was done outside the court room; action adjudxing the editors of The Star in contempt | pects to be a judge, it may be assumed that thefe is no livision | good will come out of it. It is well for publishers to know their| The higher court indorsed him and set him free. The gist of K org Se pene : between bench and bar on questions of “contempt.” It may be| rights, | the opinion handed down. by that court was that there is no ountry, and its comment ote Sociiaawuaitie’ tame j assumed that the lawyers who are not* judges are opposed to} Can “contempt of court” be technically committed outside | “CONSTRUCTIVE CONTEMPT,” and technical guilt can - means criticism of courts not made in the court | *itors who criticise juc | the court room and beyond the presence of the court? | be only when the act actually obstructs the work of the court. t only interesting, but will be taken as an authoritative | Of late years it has become a custom of le ding lawyers to} Some time ago Louis Post, now editor of The Public, of |The court admitted that a man is not forbidden to’ verbally ex- the dan Honhaatisrn.", These lawyers, and con as coming from newspapers and magazines everywhere, | point out, in public speeche {itor and Publisher's” editorial on the subject follows er of vernment by | Chicago, was editor of the Cleveland Recorder, He wrote an| press his dissatisfaction with a court decision outside the court quently nearly all laws! editorial criticising a decision which had been handed down by| room a I ja local judge in Cleveland. He said, in effect, that it was a bad | In any event, it is to be hoped that the publishers of the of the courts” and prevent “government by journalism.” It) decision country will follow this Seattle case. It is well to know right goes without saying that lawyers will keep on trying to get! The judge had him hauled up for contempt and sentenced | now which is in greatest danger, the liberty of the press or the elected to legislatures and to congress, and so continue the| him _Poat appealed padlahmaaauad court. He admitted writing the| “dignity of the court.’ ASK MISS GREY : THE STAR HABIT the Answer to Any Problem That e ea ‘le! a Is What You Ought to Cultivate. Always Troubles You. The Letter Column of Interest to Every Member of the Is of Interest to All. Fe Don’t F. ONLY INDEPENDENT NEWSPAPER IN «iain E. Se o SEATTLE, WASH., THURSDAY, DECEMBER 29, 1910. WILL SEATTLE GET DRUNK AGAIN? ASK WAPPY mn of this issue are printed the facts about |yers, would handeuff the press in order to “uphold the dignity imprisonment of the editor and managing editor of the Se Star for alleged contempt of court G. Osborn & Co., Brokers, Fail for Nearly $30,000—| S=—S_ May Harris, 18 years old, the] F 2 beautiful daughter of Mrs. Ga Many Who Speculated in Stocks Lose Their y . w fesiar. ta. Gert, el Money. of Si : lin the Puget Sound coun |try, was today taken to the state invane asylum at Steilacoom, a & C. Osborn, who conducted a brokerage office at 507 Third mental and physical wreck. The -, filed a petition In voluntary bankruptey tm the federal court Z |girl was rescued from imprison gre He sets Out liabilities in an amount approximating $66, 2 4 iment in a dark room in a Japan Assets are somewhat over half that amount. Osborne was , £ lese lodging house by the police member of the Chicago Board of Trade e | after she had been held in un His principal creditors are those who bought and sold stock - ; |speakable bondage for 46 days him, one customer holding a balance as high as $3,956 In all the history of white slay 40 others who took “flyers” with Osborn dre also among | ery in Seatt c has ever whose claims are not secured. The Seattle National Bank, . :. ; been so terrible as the present one a claim for over $11,000, is secured by Osborne’ real property i | The girl is a native of this state, tle and Tacoma, Several other firms also bave secured : $ > a \\ fe jand was reared in a Seattle con ‘MBount« (otaling altogether $26,000, ? vent school The Osborn Safety Deposit Co. fa not affected by the failure f Ip the little Foster home ‘ Osborn, although he was the heaviest stockholder. His foter Thomas st, where a Christmas will merely be transferred to his creditors, and the safety ltree, with a present conspicuously pait company will continue to exist as before one ied “For Mamie.” was a pa Nelson W. Parker boural been appol inted receiver for Osborn thetic ninder of the loyalty of the girl's little sister, Mrs. Foster Ze i her mother, told the whole story MAY HARRIS. > C / The moving picture show, the — - aoe n en | ro es : / dance hall, then the depths, was the policemen down there said a100 Af, jthe way Mra. Foster traced the atnie was beyond redemption, . girl's terrible fall Some of them, | think, searched for At Moving Picture Shows. It was the moving pieture shows “And when they found her met other bad girls and! held a prisoner by Japanese— j ' - Then came the dance hall,| my God, it wae terrible. 1 the cafes, with their music, hardly knew my little Mamie, where Mamie took her first glass) she was so changed. She told jot wine, me they were trying to kill “Then came the terrible night her. When Mr. Dagner, the | When Mamie didn't come home at! policeman, broke in the door, Cc. J. Ericksor ake Wa rte anal contractor s all. She explained it by saying} Mamie clung to him in terror, aes ee a Sco! by te m ¢ anal . miractor, wa | which dares to raise voice against wrong on ong bench, OT iene sthpel Uith o gic frend i] wWedie dhaes dupe stned Eehund , wig eed 6 or contempt of cour j against anything done in court which it honestly thinks i8/ was worried about her till she| like wooden images. 1! even But there is contempt and contempt | wrong. married Jim Harris, who was| found her little blue dress—the The editors of The Star were two weeks ago sentenced to} For this is the law of constructive contempt. steady and hard working one she wore when she disap- ' , 7, and liked t t wel. But it isn't the same law of contempt at all cause he had disobeyed a direct order of the court Aue’ the baby eoultn’s tee bas | ate bh pluton at @ wate There are two different kinds of contempt laws—one neces- Without going into the merits of the Erickson case of|home. One day she went away | broken heart BREKKKKHEKKKKKHAKHKKAR KAA | sary and right, the other dangerous, vicious and wrong. whether the canal should or should not be built, we must admit jand didn’t come back. Jim got a| That's a picture of Mamie Foe a ¢ » pa y ; : dre i ce ‘ “ a ss ” polis enforce » Jivoree and kept the baby. Then| ter, ruined, body, mind and soul. will not get drunk on New; Even Ike Rosenthal's Newport The law under which Erickson was punished gives the| that the judges must have the power to enforce their ina Saber died. aif ue Why? Asks Mother. Mrs eve in some of the saloons cafe, which had a lot of trouble get-| courts the very necessary power to enforce their or 6 and} This is the kind of contempt which the court says kso “We didn't see her for several] And while Mrs, Foster was bar- i al Prive ange eon aanerake a coe SS ikeat the sau derel ee order in the court room j was guilty of. i months. Then I learned where the | ing her heart, Mame’s tittle sister the night a time of debauch early. ‘But there is a difference Federal judges have full power under this law By this same law of contempt, if a judge orders a man to|Japs had got her. My husband oak at the foot ot oo seas ry 4 vt i i »roduce his books 0 anc r refuses, s ty of | Went through house after house,| which bore a gift for the girl who Go not approve of riotous con-, You won't be able to get into the But the contempt law under which the editors of The Star! produce his books in court and the man refuses, he is guilty of | HOM DNSUR urter nallway, with |now croons with @ vacant star Or orgies, and will not tolerate Newport bar after 8 o'clock. But| were sentenced to jail was taken from all federal courts over|contempt. If the court orders a bailiff to arrest a man and the | girls.and women on either side, but| across the bay, ih my place.” This was the em- if you have a ticket you can gb into | seventy years ago. bailiff refuses he is guilty of contempt if a man should try to|no trace of Mamie. “Why do the police allow this?” vaseectee By y gf sat yen seek an arpa Ong This kind of contempt law gives judges the unusual power | stop.the hearing of a case by breaking furniture or shouting, he Police Got Busy. | wails Mrs. Foster. aw Ry can't our 4 av H . 3 i fe t je" fi it r row up without ny, ex- #12 Second ay. “In the confu- These garde reserve a table for| Of throttling free speech. It was devised a century ego to pro-|is in contempt tice headquarters, and. prayed that| posed to these men who ruined my of New Year's day many minors you. You have to guarantee to buy/tect judges from criticism. Contempt in court is punishable, and rightly they find my deaghier, Some oti Mamie?” to obtain liquor. $50 worth of wine before you get| There you have two contempt laws, the BAD and the} But constructive contempt, under which the editors of The ——7 year [ closed up at 10. one of the cards. GOOD. Star were arraigned and sentenced, gives the power to the judge | h)} ‘Milwaukee R.R. Spokane Spokane Takes — TARA eee eee ee Liquor was-not meant for the financially embarrassed. It (fs a luxury. ‘The man who drinks too much has no business drinking. There are plenty of good laws right now to make saloon tonditions satisfactory. When debauchery obtains fn liquor places, it Is not the fault Pet the laws, but those who ought to enforce the laws Prohibition is by no means synonymous with temperance. Higher licenses means only less conscientious saloon- keepe: CHARLES HASCALL. Seeeeeetee eee tk. I promised myself then! But the wild debaucheries whic this year I would close at &. have characterized New Year's eve| The federal government by act of congress abolished the} to reach out and punish any individual or newspaper who, OUT- Tm going to. The liquor busi at the cafes have disgusted more) bad one in 1831 SIDE THE COURT ROOM, dares to criticise, or to even com- | #80 different from any other) than one liquor fealer. | The state pf Washington has allowed the dead letter meas-| ment on, any decision rendered by a court. W k- 2 D d C Pl Se crlecied tn deewat| ove ia contaraea, there ia no obyes [wre to remain On.the statute books No matter how innocent the comment, no matter how rec a ea ommission an J 3 tion,” says Hascall. “But ft should And Judge Gilliam used it for the first time in more than! necessary the criticism, no matter how ul the matter at stake saloon men who have re not mean that lawlessness, debauch-|a score of years. is to the people, no one, in a newspaper or on the street corner, | (By United Press.) that the annual debauch has ery and vicious drinking should be| The Star has no quarrel with the court’s right to enforce| can comment on any case except und } SPOKANE, oan - —Two At discredit on the city and) permitted. 1 tell you that many peo! i). own decre Sountelt by contenot proceedinie Csneh weles tiers neh gh: the two" edito To. Wear Waa: ae bemerl men were killed and three ser- Bie liquor business are going to| ple get a chance to do things on ; : t . jously injured today as a re i Hascai’s example and close| New Year's eve that they could not jolate its orders . \ | sult of a wreck on the Milwau early. ‘do at any other time.” But The Star will protest, in jail or out of jail, in season is the bad contempt | kee railroad at Rye, a small and out of season, against a system which gives a judge a club} "Phat is the law which government deemed vicious and otation west of the Columbia ore, Higher Oe aaas kee » LOT TO KILL to hold; which allows a judge or any other officer of the state | dangerous over seventy years ago | city ie . be $ aw which The Star believes the coming legis t yesterday's special char- or nation to muzzle the press and the people, to punish by sum- That is the la g legi Oe iy oon a veAt gemterday’s special char * mary and arbitrary Lalis eedings any individual or newspaper | lature will purge from the statute books of this state. * Nbeter 40) ; Par WEATUER FORRCASTS. - S15: eee Se ae te ee * * ‘ENGLAND'S KING —— Lisedaan bcs : jority of 2,237 votes. RR ee DOCTOR /avia TOR'S MOTHER | © rceDisch Be been une ison conten wi the discovery of a bomb | DROPS WILL TR Y FL YING orce ISC arged The discovery of the infernal machine works is a sequel to DEAD (By United Press.) ABERDEEN Dec a9—Chief of aT ALES OF THE TOWN ds Di 1 1 00) en we Police George Hounds Ditch crime, in which three policemen were killed aati SE Yost binaes'cinisthey,, of noice. G orge 8, Dean, nd the rs, the police say . Arch Hoxsey, viator, intends to fly with him either Friday sun ‘pe © Bee , there? inired the baldheaded man Oe. ese Se. Pein as i ? Lp te ammarily dismissed by Mayor E A or Saturd efore the crowd gathers at Dominguez aviation B. Henn and the city dly SPOKANE, Dec. 29. — On March 7, 1911, Spokane will hold its, first election under the commission form of char- ter, electing five commission- er peril of being brought | (By United Press.) | | aw | | 1 14 Rain tonight and Frid Every once i hile a lawsuit moderate southeast wind * | for his 1 € emind us w | that the a d rogue Bk ROO i know +eeeeeee tyre: ls Ye what of him ss ; ears, was stricken wit a field, not wish to make the trip tm public t wunt of the death: yeeterdey. of 4 night. The action came following DEATH DOES NOT nt mck of avoplexy, and before aid 1 am anxious to experience thé-sensation of flying,” said M of tiveitlantion te Win dan ne Well, he's but honest, ¢ Ale death overtook “ 1 ating things con a? f that's the way you going ta cut it out xandre Laffon and Marquis) could be summoned, Hoxsey today Arch has told me many inter police commission Into the charg out till we him, at the Templars’ t Ballard cerning av and I 1 edinit. 1 have no idea . et at dinn arie de Paulla, Lan he Bel of brutality by Harry digan, HALT AVIATORS Marie de Paulla, Lansier, the Bel) ji.’ nignt at #:30. how high we will go. It will depend altogether on how the alti Sglsar, taconite attested tr arn it I won't dé ‘ ta minute r ay that al gian aviator, with Panier for a Mr. Prit# bas been tude affects me I have absolute confidence in Arch and his abil enne gh he m he is hon ; ee fara for 20 year mn ot ity to manage his machine, and I will have little fear in going up es, tha tit. Here lam busy and no nting company 4 egg ground: y today to try for| years ago he was or vith him, Arch is anxious to make a little trip, and 1am certain An ol device he en per-| and you come wasting words like that, Of course that young PARIS, 1x Postponing | the $20,000 prize for a flight from} most active fan leave we will enjoy our ride through the air fected to thaw out frozen water| man’s pot Why n ist say he's hones ‘ , nd my pipes without opening the ground.| time. Of course he's poor-—-if he’s hone passenge me f the parade | B: figh on ac-| Paris to B vis and return a wife and one }UPON WHAT MEAT HATH THIS, OUR CAESAR, FED, THAT HE HATH GROWN SO GREAT” ; sce, the above head the Union ons have for years been suffer- ; sooner or later it would begin to be ja complainant. The same Judge may) branch of government should usurp | was but a stop to extend it to cover; and again attentio on called ; judic ‘© con- Of Evere mmenting|er# from judge-made laws, but as/felt by other classes of citizens.| hear contempt proceedings in con-| the rights and duties of ¢ t every phase of human activity. We | tc usurpation of power by the And ve ommenting 7 ‘on with his own restraining or-|1It was the part of the co have seer ed to prevent the | judiciar and a wave of sentiment | it at a goc hen the EEE Ter contemptiniunetion | CNY OB Claas sittened, % was fim) Nay HAL attacks the freedom. of 1nd punish for contempt, Hellegislate, the judiciary to Interpret | carrying into effect of laws passed |1s sweeping over the country, which sses of the p ecome Med possible to impress upon citizens | the press it 1s beginning to be real \virtually becomes judge, jury and|the law and the executive to exe-|by the legislature n it used to|must eventually er a curtail: | with contemy Inbeheniee generally the injustice of the tn-| ized just what a menace the injune-| executioner. Is that despotism, and|cute, The injunction was primarily | prevent the collection of taxes.|ment of this absolute power of n I le b in law og Re iact no lif not; what is? It was intended | intended to protect property rights | There does not seem to be any limit | granting injunctior Legislation i f r6ia.& Be Seattle st ¥ F taeah tet 4 when our form of government was|if it was shown that due process of |to its use save the self-imposed limit {that will restore the Injunction to t 1 when “orale : Carry 0% GR gltntion prectionily /Emit to the power of & judge. He} vanned that the three branches of| law could not be invoked in time to|put upon his conception of his |its original function, a protection s respect 7 overthrow: ¥ The arbitrary use of the in-| may, if he chooses, issue a tem-|vovernment — legislative, judicial! protect life or property. It became | power by some individual member | against Ife and property when the | Lawye vill do wisely b Ie to ye a | junction has spread so insidiously, |porary restraining order sinst any|and executive-—should be coordl-|a handy method to break strikes |of the judiciary, It is a kind of a| common processes of law will not co) n0e of this growing fortunate La however, that it wis inevitable that | man or set of men, upon petition of |nate. It was not Intended that o 1 and {t| go-us-you-pl Prints the 1 “ virile ed. junetion, It was left to them to/tlon 1 There is apparently with dispatch and neatne © proposition, Again avail, must be passed or the wh