, 1875-04-01
THE STOREY CONTEMPT CASE.
Its Legal A3pcct---Itc1ations OF tho
Press and the Courts.
Why Judge Williams Could Not Have
Decided Otherwise than Ho Did. Il,
Editorial Comments on tho Case by tho
Press Of tho Country.
LEGAL ASPECT OF THE CASE.

IR1nuRE~ 10 my tcllpW-c1tlzctlH GU LILO 1olhtIou'
Of tho Press md the Courts, md Of thcir 70
spcctlyo poslsions. With your leave, will nov
consider very briefly tho legal aspect Of tux
Storey contempt caBo. Slscl, hns nssutned Ut
absorbing interest to tho citizens III genera!,-
vastIy moro than to Br. Storey or Judge Will
iatns, In tlIo simple tasio that tho public arc
mora numerous sat,d hayo moro interest, t1lau
two mon.
Bt1a|i aesume that nouo' deny that the Courts
must hayo power to protect themselves from In.
terforenco or Interruptions when in tho exerciac
Of tl,csr functions. Without this, they rnay be
trokon np or dispersed by any ono who has
rcasou to foar Ito may 10 hurt by tloir action.
Thta power must bo summary to 10 cfIlcacious ;
an lour's delay, md tic mischief may be done
payonl ropasation.
This necessity has bccn recognized in all
countries In all times, as veil IN tho turmoil Of
revolution Us IN sottted Governments, whonoyor
the foFco Of law has been acknowledged. ] do
mt understand that oven Atr. Storey donies this
powor, but only Ito o1tont. To dotor-
nliso ita extent, no must look to
It's necessity; for In that wa find lis origin, md
iu Tint nlono can We illd ifs sanclon to any ex-
tent. That necessity which gayo 1t BIRTH mt.st
signify itH limits.
,Ille necessity Of iss origin was to securo IN or
dorly. fair impartial, nntcrrtsled adtulnlstra-
tion OF justice In tbs Judicial tribunals, 30 that
rich.-thnt tic powerful should have no adrnn-
tase over tho Wenk. Thu law, common sense,
nnd oo,nmpn Justice, demand TINT Mr:
power to control thu administration
Ut }nstEco tban tho humblcst citizen, who llas
10 friends to comfort and to sympnthizo with
him, and no moans to create apub'io opinion in
Ills favor, This perfect equality boforo tho law
OF tho rich and tho poor, tho strong md tho
weak, Ia tho boast Of our institutions. and 1t Is
tho irldo Of cur CourtB; and 1t will bo aorry
siny WHOM tho adminihtrnsion Of Justice slla full
Into hands 40 imbecile that Mr.. Storey, or any
other powerful and wealthy man. ehhll, by any
1ncnns, rossosa advantages In tho Courts over
tlio poor Rnd the fr1cndlcsB. I ro1oIco to botcye
that tLe time still. is whoa tho Judgos
and lock only 10 tho impartial administration OF
tlor hIeh oices. hoI,o tho man has yet to be
boru WHO, ~ judicial olllce., will trucklo to
lowor aud bccomo q willing instrument under
tho control OF tile influential. oithos through
fear or favor.
1t is to enable tho Courts thus impartiaIly to
administer iuBt!co 10 sec that no enc shall hayo
an advantage osor another, and to prevent al
Interference which might seeu1s sueL advantage,
power to- tho Courts. Such Interior
cuee las boon dcsguatod by tie namo Of
confenn. Much haa boon said about con-
s!ructive contcmptB mud dlroct eontompts. aud a
limo laH attempted TO bo drawn where tho act
to'ldins to Interfere with tho impartial atn,pis-
tfntlon Of Justice was done In tho presence OF
tho Court or out Of ita presence. Whatever may
read words without understanding roason, there
u no auch absolute distinction In t1e law, nor,
from tho vcry nature Of tho subject, can there
DC roy seh a sF1,arg aT s s waost ho
iss 'sancton In tho reason Of tho thing, and,
whore tho reason exists the lar oxists. Wlor-
ever direct interterence with tue administration
u attempted. Under clrctnatances liizely or eron
sendng TO produce that c1fcct, tho lar IL broken,
no matter what tilo meana Tcsortcd to may DO.
Ehatl 1t 10 RAft tdat, because man poEsesacs
neAna never loforo reaortod to, or adopts q
course which no man has oyor boforo ycnturod
% %uno,. TO secure decisions In h.s favor, or to tic
tho hands Of tho cous.e that they shall not hurt
him, THAT, because Of hB worry audac,ty,
Or because ho possesses these means,
10 shall therefore. DO smiled ont Of Court With
n cut conAu1a7 such IL not tho philosophy OF
tho la% or tlo resources Of our own tinloa would
noon utterly destroy tho 1aw, and Justice would
lag, ,rro.trate and painting ut tho foet OF pouor,
n,.a tho Roof aud tho weak would become holp
II NJ. Storey docs not admit. Ills defenders
do, TINT, after all, tho power OF tho Court to
Commit for oon.cmpt ts not confined to nctadono
n ,he very presence M Of tue Court; that 1t is
Instance. no matter how far agay OF to tanner
With = juror, although 10 inny bo In lis
acs 6nm nosG o. as .,, hs hoo o. to etsenpt
M staones = 1uu6o "Aen VA tno atfoct. IA1t theHa
PRO contcmpta for which = party may be pun |
!shcd tor attempting to impede tho course Of
Justice probably AEr. Storey would not lony. or
nj least would not hayo donIod before hta fool |
imEa 9Geamo s a, excited and ha Judgment dis
nro al constructive contempts, because, in fact,
thoro ia no Court IN session, and nothing Ia eaId
OF dono o. to g. disturb Its session Ia. then, con-
a, violation Of Tho law, for Which tl!e law
always las eAd, and ttuak alynvs
viii say, Tho Courts hsYo and "'nHIf must
haye. The power to prevent promptly and
this power and allow parties md thoir frien1s s
70 hound tho Jurors about tho Bttcots. beguilIug
taem With promises and terrifying thcsn with
thtoate. aud an impartial administration OF tuB-
may ,tratnple on the poor and Tic weak with lme,
punlty. hay not that TINY may bo punished by
indictment, and thua tic exercise 0! thia arbt-
stI.ry power he avoided. The worry nature OF
II not aunn,atily checked, uocare m tho 90 scouittai
Of tho criminal. 1t actually porpotua.ca itsoif
ey securing lls own onor,uty.
Dut, repeat, I bellove that this powor Is not
9uaster. Lot US. thou, apply tho ruo, in tic M
Light OF reaaon aud philosophy in ths case. mud
GEO who're 1t lands l'H ''''4
It "onld hnyo boen d contompt-o
c. Mr: Storey had met ono 'ef Of
toia sa1. - hsm, .a, ,.,,, ~ VII giro yon fvo
~ hear from yon any more, viii brask your ur
eaa al, i; o. 2 WI blsskea your character
Lse OF threat calculated 70 turn liz uror awsy
from from, the DISCHARGE q his duty. This, ssy
~9u'o hs5o noen tamre1ing With Juror. mud 10
whsto. snd BY everybody, At last, who rreten3.
= 70 know the lcaat thing on tho aubjecI sna .
DO Co.. or both 0rand and Totit Jnro1s urrans
won!: bo dogged about tho streets anI
would become uttolly dousoralized to rceks:
|ttno' aud would become festerod sores instn.,
p 4. help aud strength to the Courts Of jus.
Why y thls7 slmply bccauso Of tho o1sct
prpdaeea Or hke!y to DO produced upon tho ad-
ntuistt1tlon OF Justice, II y not becauho Of lhe
mode or the act, but the ofYoot, that il ts cor
,eslaps 70 tho Inv, and should bo absolu,oly
Topped and At once. Which can only bo dono ~
'lii process. Now. let mo ask suy sano
.na impartial man whothes there ia auy difior-
,nss ,sIJ =, ~ feason,-"hesler thoso same things
sau II newspaper, which tho author doslaned
'aoa1a bd, and had raaaon to believe and di,7 hn