The Asheville citizen. [volume] (Asheville, N.C.) 1885-1889, 1886-08-01

II
most unusual and extraordinary specta
Gle. For the first time in the history q
this State, an editor of public journa
has been called upon to answer at til.
bar of court of justice, rule to shos
cause why he shall not be attached 10
contempt, fined and Imprisoned for
publication in his paper. This is th,
first time the freedom of the press, q tim,
honored privilege, guaranteed by oul
Bill.:of Rights. has been questioned in tl1il
liberty loving nold North State, by suct
a proceeding, since the days when oul
fathers were subjects of an EngIist
crown.
Fhe persons Of the respondents havt
sunk out of sight il view Of The import
ance of the question now to be deter.
mined. The dignity of this court itseli
IdwindIes into insignifcance IN compari-
son. The grave question before the court
is this: is the boasted freedom of the
press solid substantial right, or is it a
myth? Is the hitherto regarded privi-
lege, the hand.maiden of constitutional
liberty, thing existing only in the inn
aginations of men? To-day the leading
papers of the country contain the news
that this trial will be held and the eyes
of the reading world are upon us, waiting
to hear the result. To-day the news
papers of the United States anxieusly
watch this encroachment upon their
hitherto universally conceded rights.
To-day the world is watching to see
hot oh fnl
backwards towards the suppression Of
the press. To-day the world is watching
to see whether we shall make the first
inroad upon one of the underlying prin.
ciples of freedom and right. @
For the respondents we submit that
this court has 40 authority to issue its
writ in such case as this. It is court
Of inferior and limited jurisdiction. It
has not the powers of a court of general
Jurisdiction, and never before in the his.
tory of the Jurisprudence Of this country
Or of England has an inferior court at
tempted to issue. its writ for, or punish,
alleged contempt lcommitted out of the
view of the court or where it did not dis
Jurb the proceedings of the court, so far
IS have been able to discern. Bowers
law dictionary; page 2.
If, however, the court should be of
opinion that it has power to issue its
writ in such cases, then we take the
broad ground that the publication com
planned OF is not, in any view, con-
empt. We take issue with the court
both on the law and the fact.
The law of contempts is now regarded
controlled by the statute, The Code, sec.l
i48, unless that section of the Code is in |
of the Constitution of the STATED
If North Carolina.
It is conceded, as it must be, that un.i
ess the alleged ofense falls, under the.
NO UoAtEILdPSI
las been committed. That section pro-
'ides as follows:
"Any person guilty of = the fol-
owing = may be punished for con-
empt x: Z. The publication of |
.rossly inaccurate reports of the pro-
eedings in any court, about a trial, or
'ther matters pending before said court,
made with intent to misrepresent or to
)ring into contempt the said court"
: Now the court smust find that the pub
ication complained of was, in the first I
lace, publication of grossly inaccu-
ate report of proceeding in this court: |
# a grossly inaccurate report about any
riaw pending in this court; or grossly |
Inaccurate report OF any other matter
'ending in this court. The court must
urther find, as fact, on its oath, that I
be respondents made said publication
nth intent 10 nlisrepreseq1t or to bring into
ontenapt this court. With great earnest
ess. and in all sincerity. insist that by
10 grammatical construction of the al
eyed contemptuoue publication can the
ourt find as fact that it is q report of
NY proceeding in this court. It does
ot pretend to be a report of anything.
t is a bare statement, nothing more nor
ess. The article states that two juriesl
7ere hung, and such was the fact; and, I
8 all the counsellor the court admit, if i
publication is the truth, no matter
THAT it is, it is no contempt. But thist
ourt must not only find as fact that |
be publication was report of a proceed
ng in this court, or q trial pending in it,
ut the court must find as a fact that it
Tas grossly inaccurate report. No one
an say the publication was grossly in
ccurate report of a proceeding in court,
or so far as it pretends to say anything
bout what has occurred in court t says
be truth, that is, two yuries had been
ung. No one will contend that the
ublication is a report, grossly inaccurate
r otherwise, about any trial in court.
Nor can it be contended by any one
hat it is a publication, grossly inaccurate
r otherwise, of any matter pending be-
ore the court.
But suppose the court should be of
pinion that the publication does GOMEZ
nder the provisions of subsection of
ne statute, then it must find that the
ublication was made without intent to
or bring into contempt this
ourt. As to this point, I insist that the
eading of the publication is the strongest
rgument againstany intent to misrepres
Mt or bring into contempt this court.
o argue that the publication was made
nth such intent seems to strike me as SO
upremely ridiculous and absurd, that I
o not propose to argue it further. The
ourt has announced, when it ordered
be rule, that it had no idea that the re-
pondenta had any Ill feeling towards the
ouft- ! most earnestly insist that the
ourts in that declaration, decided this
ase against ITSELF For without that in
ent there can be no contempt.
This is serious charge and ought to
e well considered before it is decided.
he court is now trying, both as Judge
nd jury, case where il is the plaintiff.
or this re Gson great caution, as ] Izan Z
atisfed it will be, should be used. Onl5
bis account, and because Of the serious
Importance of this case, ] charge the
ourt. that, upon its oath, it must find as
fact the intent with which the publica-
ion was made. The court must wellli
teigh and decide the laws and ifsmust
q fully satisfied, beyond reasonable
oubt, Of the guilt of the respondents.
With all respect to the court, believe =
reat mistake has been made, and feel
bat the court, in justice TO itself IN ius-
ice to Its manhood, ii justice e. The
lights Of the espondents, ii justice to the