The New Orleans bulletin. [volume] (New Orleans [La.]) 1874-1876, 1875-06-10
THE PRESS AND THE COURTS.

Galveston AeacS:
UNITED STATES CIRCUIT Court.
The President of the United States of America to
the Marshal Of Eastern District OF Texas,
greeting:
You are hereby commanded to summon
Willard Richardson, A. 81. Belo and john ..
Hand, composing the firm OF Richardson,
Belo & Co., proprietors and publishers OF the
Galveston Daily Necs, if to be found in your
district, to be and appear before the Honor
able Circuit Court of the United States, to be
holden for the Fifth Judicial Circuit, at the
Court House thereof, the city of Galveston.
on Tuesday, the 9Th day of June, 1875, at 10
o'clock A. NJ, then and there to show cause,
if any they can, why an attachment shall not
90 against them as a contempt OF court for
printing and publishing, in said newspaper,
in the issue thereof dated Saturday, June 3,
1875, certain editorial article headed, Law
and Higher Law" wherein and whereby the
proceedings in certain cause then pending
and on tri al in said court YVES sought to be
Influenced and the court brought into dis
repute. ..
Herein fail not, and due return of this writ
make.
This was signed by the Clerk of the East
ern District OF Texas.
In open court on the same day, before the
above writ was issued, there occurred scene
which is thus described in the Neaes Of Tues
day:
Judge Morrill, called for copy Of the Gal
weston Ne,oe of last Saturday morning. He
went on to say that, since this trial of the
United States vs. Henry Greenwall, an
attempt had been made to actuate the mo-
tives OF the Court and set it at defiance. He
A. L.. SC fhn nd Of
referring to section 725 of the United States
Statutes, said that he proposed to refer to an
article in that paper headed "Law and
Higher Law"
It was an attempt, he said, to throw the
Court into ridicule, and to inform the Judge
of the Court that his decisions were to be dis
regarded But in order to explain more par
ticularly, the article was read. Different pas
sages were commented upon. He first re-
ferred to this passage:
"They agree that the Fourteenth Amend
ment, while admitting the freedmen to the
status of citizens of the United States Of
America, created no new civil rights for them
or for any other class of citizens.
NV reply u.s. that the editor is not aware
that in South Carolina many persons were be-
fore the court for violating the Ku-Klux law.
They were sentenced to the Penitentiary, and
since many have been pardoned. And appeal
courts decided the law constitutional
Reference was made also to this passage:
'tThis point is expressly taken in the
decision of the United States
Supreme Court and in the Grant parish deci-
sion of Justice Bradley"
The Court said that it appears then the edi-
tor is familiar with some Of those cases.
In referring to his disinclination to regard
an act of Congress as unconstitutional, the
Court remarked: mo, if I had ninety-nine
points in favor of the unconstitutionality of
an act of Congress, and entertained one
doubt, I should declare it constitutional.
What was said on this point by the Supreme
Court in Wallace, 1872, was also referred to,
and the Court is condemned because it did
not assume more than the Supreme Court of
the United States"
Again
Every naturally after this the demurrer in
defendants behalf was overruled, and the
case will go to the jury surmounted with q
charge which it would be idle for the widest
conjecture to try to forcaste."
"That is to say" maintained the court,
:" that the charge may be one thing or
It may be another. Can't tell anything
about it"
This passage also
Doubtless, taken as he is, grounded in
hat strange and transcendental jurisprudence,
he commends himself to profoundest respect
Is learned and exemplary exposition of law
and dispenser of justice"
"a beautiful piece of irony" remarked the
Court, or it may be ''compliment."
Several other passages from the article we're
reviewed and different constructions put upon
hem by the Court.
The article having been read, the Court re-
marked that he could not suffer Congress and
he United States Court to go into contempt
~ remaining silent he then ordered the
,lerk to issue an order for the Marshal to sum-
non the proprietors and publishers of the
Ne,os to appear tomorrow morning
md show cause why such an article should
appear.
Formerly the law contained the following
lause:
Any publication, pending suit which re-
lects upon the court, the jury, the parties, |
he officers of the court, or the counsel, with |
egard to the suit, or which tends to influ- |
nee the decision is contempt punishable |
y attachment.
But this was repealed, and section 725 of |
be Revised Statutes contains the following |
roviso:
Such power to punish contempt shall not |
70 construed to extend to any cases except |
be misbehavior Of any persons in their pres
nee or SO near thereto as to obstruct the ad- |
of justice, the misbehavior of any |
f the officers of said courts in their official |
and the disobedience or resist
nee by any such officers or by any party,
uror, witness or other person to any lawful
1rit, process, order, rule, decree or mandate
the said courts.
How Judge Morrill, could, with that pro.
iso before him, construe the comments of
,e Ne,os into contempt, we are at loss to
onceive. 1t is strictly necessary and proper
nat courts of law should have the power to
ompel obedience to their rules, orders and
rocesses, and to prevent interference with
,e administration Of justice. The fair course
justice must not be obstructed; witnesses
lust not be threatened; persons must not be
withvile and provoking epithets or
Allied liars witein the hearing of the court and
Ulcers persons must not assault or beat