The Corvallis gazette. [volume] (Corvallis, Or.) 1862-1899, 1892-06-03
FOR ATToRNEY.GENERA
4 Reply ON Behalf OF Judge Webster
e. to Editor Kaiser.

\ Reply ON Behalf OF Judge WeDSeoF
e. to Editor Kaiser.
PORTLAND, May SOTO THE ED1ToR.l
1t seems strange that the petty spite and
snaleyolence of one man, a man who Is not
respected and has little influence at home,
can spread so widely throughout the state
false and mean charges against the char
acter and abilities of a candidate for public
office. Judge L. r.. Webster is sure to be
slected attorney-general on June 8. but no
doubt many who have read the paragraphs
about him that have been published in war;
GUS democratic papers during this cam
paiRn will not understand, nor care to in
oulre. for the facts, and will assume that
there is some ground for the insinuations
against him.
Judge Webster is so we'll known in his
own judicial district that he needs no vim
Glication there. He has twice been elected
to the circuit court as a republican, in .
district where republicans are sadly in the
minority. He was not chosen because he
was a republican, but because at home,
where his neighbors know him person
ally, he was believed by the people, ire
spective of party, to have those qualities
essential to a good judge-honesty, fair
ness, common sense and skill IN the law.
He was born in New York city 3S
years ago, and both of his parents died,
believe, before he was 3 years of age. AS
q little orphan boy, he made his own way
in the world. He educated himself, taught
school, married. became lawyer and a
Judge.
and respected, until one Kaiser, an editor
of a weekly paper published All Ashland,
sometime ago published an artha&gfn his
newspaper, abusing the grand jury of the
county, charging officials with corruption
and ridiculing the administration of crim-
fho
court in language rather general, but not
less harmful for not making specific
charges against any body or of anything.
Judge Webster, conceiving that the useful
ness of the judicial system must have it's
foundation in the respect of the people for
the courts. and that his public duty re-
alIired that such charges should not be
passed llnnoticed, cited Kaiser to appear
before the court and show cause why he
should not be punished for contempt OF
court. Kaiser admitted the publication
and was fined $50 and sentenced to the
county Jail for Is days, but he was
allowed stay of execution by
Judge Webster, SO that he could take the
matter to the supreme court. On the aP
peal the decision was reversed upon two
Rrornds-first, that there was technical
defect in the method of procedure; and
second, that although the article published
by the defendant would have been ground
for punishment as contempt at common
law. a proper construction of the Oregon
statute would require that there be some
allusiosl therein to a case pending in court
to be punishable as such; and that as this
article was in relation to the adIninistra-
ton of justice generally, and not to some
specific case, it was not within the statute.
The court through the chief justice, swim
dicated" Mr.. Kaiser i'll the following Ian
guage:
For what purpose or with what intent the
appellant published the said matter. unless
1t we're to create s & am ,de sy a sehSation - y aa
from freak or spleen. He certainly could
not have expected to gain any advantage
have. supposed that half-witted person.
even, would give any credence to his gfotes-
que account Of the affairs of Jackson county
esisnsH otier snan o an "natic Should
print such absurd. ridiculous stuff In a news
in such shiliyss sshalIy BY managers of news
papers indicate mania on their part to
abuse. vilify. and insult officials selected to
esn eSer devoted T and faithful to the public in
terests those ciafs may be. Such course
perous pers a and dreaded enemy with which a re-
publican government has to contend. 1t -
well known to this court and TO the COM
the judicial matters of Southern Oregon as
the appel ant endeayGred to represent ex.
lists, and that no such abuses as he depicted
Justice is as we'll and faithfully administered
In that locality as in any other part of the
state. Yet the appellant, the editor Of the
pewspaper. whose desire shouli not only be
to have upright and competent officials in the
administration of the local affairs OF his sec
aion where he consistently can take pride in
having them regarded by the community
and the world at large. makes use of his po-
sition to traduce and degrade them. In
Ing useful information. instead Of assisting
in building mp the community and its insti- ,t!
The course pursued by sucl, persons is a
positive damage and injury to society. 1t is
poor requitai for the faithful services i o.
! thereof selected to determine the law in
| a wholesale charge of dereliction of duty
| coming from whatever source it may.
1t may have been satisfaction to Mr.
| Kaiser 10 have escaped spending 10 days
! in the county jail, but think most person.
/, would have preferred the penalty imposed
| by the circuit court to having, their mem
| ory handed down to postcrity in slcl
| pungent language in the Oregon reports.
Now, it may he that Judge Webster was
| wrong in his judgment, but that is no ex
/ cllse for the abuse and caiumny no"
| heaped upon him by the democratic press
! As the supreme court said in its opinion IL
the case:
! II the publishers of such conteInptibi'
| articles nre left alone to breathe their owl
| fetid exhnlations, 1t will be the most suita
BILE punishment which can be inflicted upor
| them.
And it may be that it would have beel
| better to have so left Mr.. Kaiser instead o
attempting to bring him to realization
his offensive conduct by judicial pro
ceedings.
At the time a number of newspaper
| throughout the state criticized Judg
Webster, on the ground that newspaper
should be exempt from punishment TO
such abuse. and extracts from these news
,,o,,orc nj Quantities of other matter iiay
been electrotyped by Kaiser and sent t
all the newspapers, with the hope that
would be published. These paragraph
( which are going the rounds of the demo
| cratic papers do not cost them cent 10
composition; Kaiser furnishes them ever!
thing. He has filled a whole Issue OF III
paper with abuse of Webster, and it is sal
that he had 1000 copies struck off for FIRE
distribution. He is running iiterar
bureau for campaign purposes ON his ow
account. and all to vent his spleen agalns
Judge Webster. He published IN his new
paper a garbled and twisted copy OF tn
epinion of the supreme court in the cas-
Carefully leaving out all portions theree
that reflect upon his own conduct, inclnt
ing, of course, the paragraphs haV
quoted above.
these facts will not be influenced much b
: s,,oh newspaper articles. Most OF US q
not like to be used as tools to acconplis
the petty schemes of such men as Kaiser.
noticed early in the campaign a nun
her of anonymous letters from friends I
MI. Chamberlain urging people to vote f
him because the Office that he was given
the appointment of the governor expir'
sooner than he supposed it would when
accepted it. This can be no reason for ar
republican to vote Tor nun. nnt;.,od ! "a
o{fiee and the republicans a