The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1890-09-20
A FREE PRESS.
The Barry Contempt Case At
tracts Large Audience.
Enthusiastic Meeting at Metropolitan Tenn
ple-Great Moderation Observed by
All the Speakers.

Metropolitan Hall was filled to overflow
ing last night upon the occasion OF the mass
meeting called by the committee of one
hundred of the Free Press Defense Associa-
ton to denounce the action of the courts in
the Barry contempt case. If there had been
a suspicion entertained in any quarter that
the meeting would be anything but we'll
ordered one that suspicion was unfounded,
as from first to last the speakers were mod
crate in expressing their thoughts and the
best Of order prevailed.
Promptly at S o'clock the meeting was
called to order by L. Al. Manner, President
of the Single Tax Society, who called Stewart
Menzies to the chair That gentleman, on
coming forward, explained briefly the object
of the meeting and then d rected the Secre-
tary to read the list of Vice-PresidentS,
which is as follows:
THE vICE-PRESIDENTS.
David Farquharson, II. ID. Wagnon, Henry Kret-
low, Alfred Ciidge Thomas Watson, w. Il. Sell
lers j. A. Maynard. h. w. Bachelor, j. c. Gore,
DR.. j. Williams, c. +. Bergman, w. A. Bushnell.
/. NJ THorue, Judge e. d. Wheeler, Dr.. Charles
a. Clinton. c. j. Foley Cal Ewing Fred Welker,
W. J. Mckay, J. X. Phillips, j. W. Hines, NJ NJ.
McGlynn. j. L. Cannon, C. Mednweii Frank
Schmitz, f. Martin, 5. II. Jenner, 7. K. Martin
Ii. Mcdonald, DR.. James W. Blake. X. NJ. Smith,
W. c. Stone, John II. Grady, A. Sbarboro,
Richard l. Whcrau. Frank j. sullivan. John j.
Mcpade. v. pundas, r B. keane ss,,.r j.
\. h. Roberts Jr., f. b. Perkins, DR.. Thomas l..
Hill, }. l. Carter, Samuel johnson, H. BeYeridge'
Griswold, Dr. A. A. Gilmore; Dr. ). W. hen
dricE, DR.. John Muir, j. +. Lightbody, j. Ter
man. Frank smiley, Dr.. X. G. Dgsenberg, DR..
right, Joseph Valentine, j. }. Hallinan, J. W.
Sweeney, l.. NJ. Marisch, z. Anderson. w. A.
Reeves, James Morrison, q. Davis. Henry Ark,
ElTpnil1rSAu .IpSPnh X WILCOX. vernon
Campbell. Is. J. Pye, George I. Aubertlne, j. NJ
Crowley Walter Galleger. d. Dogget, George A.
Orr, L. Berlin, q. GerkuS, AdUlph Muei-
Ter, W. c. stephens, Peter ROBERTS. Benny
A. Moore. II. NJ. Welcome, W. J. Greer,
George Brown, II. ". Hutton, T. }, Davidson,
Cumming, +. j. Henley, IL. Roger, II. s. While,
Henry L. Pastor, James H. Bartlett, w. A. Cole,
a. II. Dodge, a. o, Eekman. George ii; Fran
Lezinskey, NJ. MonOhan, j. NJ. Peudergast.JameS
S. Reynolds, A. II. Stubborn, f. \. Simmonds,
Max SOmuer, Leonard Tutlle, DIR. p. a. Terry,
lsidore NelsSkoif, Milton Shrek, William Nc
lntyre.
MODERATE COUNSEL.
J. f. Swift was then introduced to the
meeting as the first speaker. In the course
of an able address he stated that he was not
there to abuse the Judiciary, but he believed
that the law which was good enough for
Federal Judges ought to be good enough for
State Judges, and that the courts of Cali
foTnia should have no right to confound the
law OF libel with the law of contempt.
Neither should the law be any greater for
the judge in the tribunal than for the
humblest individual in the walks Of life. and
if liberty OF the press and freedom of speech
are to be upheld, the people must demand
from the Legislature the enactment of law
similar to that of the Federal Government.
The Secretary, John a. Maynard, at this
stage read number of communications
consisting of kilograms from Red Bluff and
San Jose cOndemning the courts and con-
graduating Mr.. Barry. Letters of regret
were also read from Dr.. j. W. Moliere,
President Valentine Of the Molders' Union,
from the Council of Federated Trades of
Santa Clara County, and fIom Alfred Pen
nington of Typographical Union, No. q.
The reading of the communications WAS
accompanied with applause.
Eugene Denprey was introduced as the
next speaker. In opening he alluded to his
friendship with all the Judges before whom
the Barry contempt was brought, and for
each he had word of praise. All of them
he said were honorable men and had trans
lated the law as they found it. This law, he
admitted should be Immediately amended
and ii behooved every good citizen to go TO
the ballOt-bOX and see that only such good
men were sent to the legislative halls as
would give the relief required.
DELEGATES WELCOMED.
Just as T. V. Gator was introduced the
delegates from the Federated Trades entered
the nall In BODY ana received an ovation
on their way to the stage, where they took
seats with the Nice-Presidents. After quiet
was restored Mr. Gator resumed his address,
in which he took occasion to congratulate
all present for their presence. 1t proves
he said, that the hearts of the American
people are sound to the core, and that they
are as determined rs their ancestors ever
were to defend liberty at any price. After
cOndemning tine law for contempt as defined
in tile Barry case he paid his compliments to
the bench in the following language: - In
1926 Judge Peck imprisoned a man for
twentY-four hours for the same reason as
Mr. Barry was imprisoned. In spite of
every effort to prevent 1t the lower House of
Congress ordered his impeachment Dy vote
of 123 TO 40, and charged that his act was to
the subversioniOf the liberties of the people
of the United States. The whole nation was
aroused, and Congress passed an act, at
once forbiddiDg the Judges of the United
States from ever again Furnishing any one
for matters spoken or written beyond the
court, except by Indictment and after jury
trial. This is the law of the land, and the
true rule of construction in all the States.
For sixty years il has been found sufficient
to uphold the dignity OF all the courts Of
the United States.
JUDGES SCORED,
But" he added, ''the power of mammon
and corporations has lisen to great height
in California, AID | desire to ask our Judges
few questions, in all candor: Is it not true
that there have been corrupt Judges, both
in England and America? Were not Ber-
nard, CardOzo and McCunn in New York
impeached, and did not Westbrook die
pending Impeachment pToceeiingS? Did not
the press Of New York boldly and fear
lessly charge their crimes upon these Judges,
and do they not frequently charge NAL
feasance ignorance ana corruption upon
the bench? Was it ever heard in New
York that they could be muzzled
or thrown into prison without jury trial for
this? Have not such publications done
good rather than harm? How are bad and
venal Judges ever to be impeached, if the
press may not arouse the people by setting
If an editor falsifes he may be tried and
punished? Is he to be imprisoned the mo-
ment he raises his voice, by Judges, with
out jury trial? What, then, can ever
destroy bad Judges. 1t is known that
there are Judges who are put on
agreement, to decide cases in their
favor. Judges are nothing but men, and
some OF them are upon the bench as mere
agents CT wealthy corporations. Tine right
to point out these evils must not be denied.
If courts deny this right, they will be the
persons who are laplesS, and vino bring
trouble by overthrowing law and order.
They pursue bad course when all good and
Intelligent men are seeking to allay the
growing antagonisms of this period.
The RESOLUTIONS.
After the enthusiasm which greeted Mr.
Gators words had abated Mr.. Mauzer moved
the following resolutions:
WHEREAS. On the 30th day of September
1889. James Ii. Barry was brought before the
superior Court of the City and County of San
Francisco, California, for an alleged CONTEMPT
for publishing criticism of Judge, F. w. Law
Ter; and said Barry theteup0n demanded his
constitutional right of trial by jury, and offered
TO prove bis charges as published by him. and
the Judges presiding refused such trial. ana
announced that the truth was not a defense, and
thereupoD snmmarily ordered said Barry to be
imprisoned and hned; and Whereas upon the
llth day of September 1890, Judges Thornton
Patterson, Works, Fox aud Mcfarland Of the
Supreme Court confirmed snch doctrine, after
keeping the case over eight months. by decision
without citing single authority; now, therefore,
bel
RESOLVED, BY The citizens of San Francisco in
mass-meetiBg assembled, IN defense of liberty:
That the doctrine asserted in this case Is q de.
fance OF the laws aud Constitution OF California,
aud OF the United States; direct subversion OF
the Constitution; a deadly assault upon the
guaranteed liberties Of the people OF the United
States. and without legal or moral foundation,
ana par with the despotism of Russia
where men are, in like manner. hurried TO prison