Worcester daily spy. [volume] (Worcester [Mass.]) 1850-1888, 1872-11-16
A Case OF Judicial Dcspo,i-,u.

The supreme court of Illinois has made itself
responsible for action in case of Constructive
contempt" which will probably lead to a seri-
Gus curtailment of its power to undertake such
works of construction" The other day, the
Chicago Evening Journal criticised the action of
that court in a case described as "the Rafferty,
case" The criticism was honest and earnest,
but not disrespectful Thereupon, the court,
several Of the judges dissenting, had the pro-
prietor and editor of the Journal arrested and
brought before it, on a charge of contempt"
the contempt being, of course, Constructive"
The proprietor was fined 500 and the editor
$500. This action of the court is an in
delensible outrage. 1t was wholly arbitrary.
and if there be no provision of law
by which the judges responsible for it can be
properly punished, the laws are sadly defective.
Tie Chicago Inter-0cean says, this action "has
created a profound sensation in the public
mind; it is regarded as an infringement of the
rights and liberty of the citizens, and as blow
leveled at free speech and the freedom of the
press" No other view of it can be taken,
honestly. The sensation is natural and should
moi subside until this arbitrary assumption of
JNNtNlo4 PONNl 10 itlOiiuGu ludL court can as
Justly arrest and punish any citizen who may
venture to disagree with it, or even any citizen
whom it may arbitrarily adjudge guilty of
constructive contempt" The assumption of
such power transforms the court into a body of
irresponsible despols, for there is ne appeal
from its decisions
There must be something wrong in the laws of
Illinois if they allow the assumption of this kind
of despotism. The infamous New York Judges
longed for such power, and they would have
used it 10 silence all criticism and defend their
villanies against the public Judgment, if they
could have done so. Think of what would have
been done in the use Of it, by the notorious Bar
nardl lie aud his fellows sought to get such
power, aud, if there were in New York no
'Courtoi Appeals they might have attempted
TO use 1t without law or ceremony. A year ago
last winter, their creatures in the legislature
Struggled into bill provision granting what
they wanted This bill went through both
houses, bat the rascality slowed away in it was
discovered and exposed before it was signed by
the governor, and the public Judgment con.
strained him TO kill it with veto. We do not
hear it said that the Illinois judges are cor
rupt, like those of New York city; bu =.
it is plain enough that some of them, led
by their Chief Justice Lawrence, are capable of
being outrageously despotic, and of assuming
power which no other official body of men in the
country dare attempt to use. The authority 10
punish actual contempt in presence ofthe court,
OF in any improper treatment of The processes
It may legally issue, is proper and necessary;
Dat this arrosation Of power to punish people
for what is called Constructive contempt" in
order 10 shut the mouth Of criticism or crafty
personal spite, is intoerabe. As the decisions
o' inns court can not be reviewed, in any other
court TINS particular decision should be review.
cd ny the legislature in such a manner as IN
make another like it impossible The Inter.
ocean maintains very justly that The legislature
eau not properly do anything less than "sveer
the power out Of existence altoaetborp ne
power which eau not be regulated. for tbero
would be no redress against any construction oe
the regulations themselves which the cour,
might sec iii to adopt II should not be permit.
ted 10 exist
Il seems to be impossible to have such action
Of the Illinois court reviewed in the courts OF
the United States; but the case involves the
privileges and immunities Of citizens Of :he
United States" and there should be some pro.
VISION for having such cases reviewed in the pa.
tonal courts. 1t should not be possible for
STATE laws or state courts, Ia defining crime, TO
l0ate these privileges and immuuties," with