The morning news. [volume] (Savannah, Ga.) 1887-1900, 1891-08-11
AUTHORITIES ON coNrampr.
A Few Decisions Bearing on Case.

Few Decisions Bearing on Cases
Passed Upon by the courts.
The ruling Of Reporter Doolan of the
MORNING News by Judge Harden for cou-
tempt OF court, has aroused considerable
interest, particularly among the members
OF ths legal fraternity. who. almost without
exception, say they cannot see wherein the
contempt lies
Section All Of the Code Of Georgia, I'M
DER which the merits OF the issue must be
trled reads az follows: THE power of the
several courts of law and equity in this
etaIe TO issue attachments and iuhict sum-
mary punishments for contempt of
court, shall not extend to any
cases except the misbehavior of any per-
son or persons in the pre- ence OF the
SAID courts or so near thereto as TO obstruct
the administrator of justice, the misbe-
havlor or any Of the officers OF said courts
In their official transactions and the dis
Obedience or resistance by any officer of
said courts, party, juror, witness or other
person or persons to any lawful writ,
process, order, rule, decree or command OF
the said courts
Does the statement, "the plaintiff pu. up
good case, and so far the defendants have
not shaken the testimony on the important
questions of fact involved in the issue -
come within the meaning Of the words of
the coda, 'or so near thereto as to obstruct
the administration of iusticel' is the cues
ton the lawyers are discussing.
In the case of the state VS.. Galloway &
Rhea, editors and publishers of the Mem
phls Ardtanche, reported in 5ah Caldwell.
Tennessee, 500, where they were found
guilty of contempt by the lower court tor
the publishing of an editorial denouucing
the judge of the criminal court of Memphis
yrNfn ff,.f,l
ing upon bail q prisoner under indictment
IN that court for a felony, the supreme
court decided that the publication was not
contempt under the Code of Tennessee,
which is almost similar to the act OF con-
gress Of March 2. 1881. The Code of Geor-
gia is Identical with this act. Mr.. Justice
baldwin OF the supreme court Of the
United States held in tile case of
ex-parte Pouslon that this act Of Congress
withdrew fIom the courts of the United
States the common law power to protect
their suitors, witnesses, officers and them
selves against the libels Of the press, though
published and circulated during the very
course Of the trial
The supreme court of California in the
contempt case of James H. Barry, editor of
the California Weekly Star, which charged
the Judge with deliberate lying about the
law, deliberate intentional Justification in
NNsfNNApJ uHU 0CAAOSANAbO AhbSAi-
tional denial of justice-a foot,
criminal on the bench aud an
impudent rascal, held that the Ian
guage was contempt, but In deciding
the case took occasion 30 speak as follows:
THE liberty Of the press to fairly criticize
the official conduct of judge or the de-
cisions or proceedings Of the courts and to
expose and to bring to light any wrongful,
corrupt or improper act OF judicial officer
is one that should be carefully preserved
and protected by the COURTS
The supreme court OF Colorado on Nov.
/, 1889, in the case Of Cooper VS.. the People,
for contempt of court for pub
Using in the Denver Republican cer-
tain articles and a cartoon about the case
pending, decided that ''the press may, with
out liability for contempt, in the interest
of the public good, challenge the conduct of
judges and other court officers; also of par
ties, jurors and witnesses in connection
with causes that have been wholly deter
mined, and may also fairly and reasonably
review and comment upon court proceed-
ings from day &c, day as they take place
The MORNING News article is not similar
TO any of the cases cited, but they ara pub
lished to show how the courts have looked
upon contempt proceedings against news
papers.