Arizona republican., 1892-11-08
TURNED LOOSE.
Governor Murphy Pardons the
Browns.
An Adverse Decision In the Habeas
Corpus Case Nulllfled Half
an Hour Later.

oiG. W. and r. @. Brown, editors oil
the Arizona Enterprise, was heard yes
tsrdsy afternoon before Chief Justice
Gooding as one OF the members Of the
supreme court
In the absence of the prisoners at
,orpey. Judge Barnes of Tucson, Judge
E. Y. Ainsworth represented the pris-
Oners.
lie stated TO the court that brief
which had been prepared by Judge
Rarnes bad not arrived, but he
was armed by a verified copy
If the Objectionable article and
proceedings in court which had led up
10 the commitment of the proprietors
oi the paper. He also filed demurrer
and at the same time reply in which
the Jurisdiction OF Judge Sloan in the
contempt case was denied.
A catalogue of the offenses which
might lead to indictment for contempt
was read and Judge Ainsworth urged
that the particular offense for which the
nrsoners had been summarily commit
ted was not one OF them. He denied
also that Judge Sloan had authority to
summon the prisoners, and denied also
that their appearance in answer to the
summons was waiver of the plea of
nonjurisdiction.
The district attorney was represented
nv Judge Campbell, who having read
the application for the writ declared
that it should not have been granted
III failed to set forth sufficient causes,
and for the same reasons should not be
sustained. lie also read the return of
the commitment in which it was set
forth that the prisonrrs had been adj
indeed TO be in contempt by reason OF
The publication OF an article calculated
to influence the jury in n case then
pending As to the category of causes
Tor contempt, Judge Camubell said
there ware two classes OF contempt, di-
rect and obstructive, OF which latter
class the case at issue was an instance.
It was calculated TO embarrass and OBJ.
struct the acts OF the court, and was
therefore within the jurisdiction OF the
court SO affected. In support OF his ar
glmant Judge Campbell submitted
numerous citations. tie contend
ell further that the court WAS
not limited to the catalogue OF offenses
contained in the statutes, bat was vested
with lu inherent jurisdiction in all Of
lenses which were calculated % hinder
the administration OF justice.
Iu reply Judge AinswOrth declared
Tia. me quotations submitted were not
applicable, and insisted that the court
had DO power beyond what was given il
by the statutes.
The case was now half submitted to
the court, who in the first place said it
gas quite clear 20 him that he had no
authority 10 pass upon matter which
had been finally decided by another
c11r coordinate IN rank.
Speaking OF the list OF oirsnses set
.1u1 DO the statutes hc believed that IL
vas mort the intention OF the legislature
90 omit oFeuses "a punishable which
w0l.i interfere with the proceedings OF
the 1Urt and leave it helpless. Even il
sJgl was the intent she legislature was
W8tNrE il pDgsr tO so affect the judic-
iary, Unless courts were given jurls-
dICI1u u many Ofsnses not enumer-
asi in the statutes instead of being
courts Of justice they would become
arenas Tor mobs, and no seli-respecting
man would occupy the bench.
Concerning his right to issue the writ
Judge ioodng said he had been in
dOnDt and was still in doubt, but had
decided TO give the prisoners the benefit
Of his hesitation.
tie asked their counsel il they desired
to delay the proceedings until Judge
Barus, could arrive, bot both Judges
AnsworJh and LightniEer signifed
their readiness for the decision.
Tue court remandsd the prisoners.
The language OF the decision was as
iOllovs:
The record In this case disclosed that the de-
iellants were cited regularly 10 appear in the
o gSe 70 IN wrtn eh sg ,Sa. ,heS al
spear Eud answered, aud that there were
i4eIs presented " that cOnrt upon which that
colt. adluiged that contempt had been com
mttel.
c1ncluie that It's decision upon that issue
Is one shat the court cannot review; and |
t6ink he authorities are abundant aud over
whemius on this proposition. IL the law were
otherwise, there would be no such thing as
preserving order In courts, or preventing
collision between courts l think the prop
9slllon iswell settled and not open TO doubt OF
dispute.
On the facts set up in the record az shown to
ms curt by the record produced herein, that
court 70 md that IL had jurisdiction oi the par
ues and the subject matter, and found facts
l"yN.us klAAb IL nhl llIlhulctlbh' ~ hhNAhs
jurisdiction OF the subject matter and of the
parties, this court has no power OF authority to
interfere with the Judgment OF that court in
hat matter.
must therefore remand the prisoners into
The custody OF the sheriff OF Pima county
Halt an hour later and before the
court stenogrspher had finished tran
scrlbing his notes of the proceedings,
Governor Murphy affixed his signature
to the pardon Of the prisoners. In doing
80 the governor does not dispute, he
Gays, Judge Sloan's complete jurisdic-
ton IN the case, nor does he raise any
Question concerning it, but only believes
mat the punishment inflicted was ex-
cessiye. The pardon affects only the
sentence to imprisonment, but leaves
Inc tine OF 500 each in force.
., Messrs. Brown left last night for
Tucson.
The Last Obstacle Removed.
The last obstacle to the Santa Fe,