The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-08-20
THERE WAS NO CONTEMPT.

Juge Harden Dismisses His Case
Against Reporter Doolan.
EThe contempt proceedings against Re
porter ]. ]. D1olan Of the MORNING NEWS
were disposed of yesterday in the olty court
and the rule for contempt was dismissed.
When Judge Harden called the case X X.
Richards. ESQ, attorney for Mr.. Doolan,
answered that no contempt was intended by
the publication Of Inc aDsseu OFFENSIVE
article. nor was there any intention TO inter-
fers with tbs proceedings of the court. Mr..
! Rjcbards made the point that the court had
| no mower 10 hold the reporter for contempt,
hecause tbs alleged offense is not covered by
the Code of Georgia, which defines contempt
as 1.-THE misbehavior OF any persons in the
presence of the court or so near thereto as
10 obstruct the administration OF justice"
This section Of the Code Is identical with the
act OF congress Of 1881.
Mr.. Richards read decisions by Justice
! Baldw aud Justice Field Of the United
| States supreme court holding that that act
withdrew from the courts of the United
States the common law power to punish
for contempt, and nothing but that specif-
ically provided for 10 the act can be held
as contempt. The attorney held that the
city court of Savannah is on a similar foot
ing with the United States courts in 80 far
as being a tribunal created by legislative
act, and therefore 1t had no powers beyond
those conferred upon it by the act Mr..
Richards closed his argument by denying
the courts right to hold the MORNING
NEWS reporter for contempt In view of rhe
decisions quoted
Judge Harden said he had caused the rule
TO be Issued under the wording OF the Code
''or 80 near thereto as to obstruct the ad
ministration Of JUSTICE If any one should
have verbally made the statement published
IN the MORNING News TO one of the jurors
trying the issue no one, he said could doubt
for moment the COURTS right to punish
the offender summarily for contempt. He
couldn't see where the material difference
is between saying anything to a juror
and sayfag it ia O newspaper which
the jurors, always supposed to be men OF
intelligence, are likely to read.
Judge Harden said ne couldn't see what
right the press had over the individual 10
this respect. IL has the right, in his opinion,
to comment upon and criticise as freely and
fully as 1t may see &c any case before or
after a trial, but be doesn't think it has the
right to do so while cause is pending
ITO say that it hasn't this right" said
Judge Harden, docs not, in my opinion.
interfere with the liberty of the press or,
might even Aay, the license OF the press.
He said he considered the article an "out-
rage at the time Of its publication, aud in
timated that he still considered it an out
raRe,n but in view Of the statements made
and the circumstances surrounding it he
would dismiss the rule against Mr.. Doolan.
He said, however, that be would like to
have the su preme court pass upon the ques-
ton, as it is one of Importance not only TO
the newspapers, but to the entire bar and
courts He said IL the MORNING NEWS is
willing Co make test case be would rule
Mr.. Doolan's alleged ofense contempt, and
would put criminal penalty upon Mr.
Doolan as a matter Of form TO get it before
the supreme court
Judge Harden said the case Is the second
of such a character that has been before
him, the first alleged "offsnSe" being COM
mitted by Mr. Frank Weldon, editor Of
the Times, while he was a member of the |
MORNING NEWS stat several years ago.
At the conclusion of the contempt case |
against Mr.. Doolan, Judge Harden paid his |
respects to Stenographer John Fleming,
who furnished the Information about the |
Winn suit, by passing an order excluding |
him from the court room until such time as |
he sees fit TO apologize for what the Judge |
termed gross impertinence" when he un-
dertook to speak to him about the matter.
One Of the most prominent attorneys in
the city said after the hearing was over that
should the case be taken to the supreme court
Judge Harden would get the worst of 1T,
because the supreme court has already held
that contempt, to come under the wording,
: or 80 near thereto as to obstruct the
Of justice, means a physi-
cal force of sucA power that it is tho same
as something occurring in the presence of
this cOurE