The morning call., 1892-01-26
WILL BE MODIFIED.
That Is What Counsel Says Of
Clemens Contempt.
Judge Murphy Holds That the Legislature
Exceeded It's Constitutional Powers in
Passing the Barry Law.

Acting under the advice of his counsel, Will S.
Clemens made no return 10 the order OF Judge
Murphy citing him TO appear In his court yesier-
day morning 20 show cause why be should not be
punished Tor contempt.
The alleged contempt was IN Clemens saying
on the streets that he had positive proof that
Judge Murphy had been paid $4,000 for rail-
reading Sidney Bell TO the gallows. The defama-
tory words were addressed To Charles j. Still
well, a reporter. and who, at Tie request OF the
Judge, had made an affidavit that Clemens spoke
them.
When yesterday morning Judge Murphy in
Qulred whether there was any return, Mr. Swift,
who represented Clemens, stated there was not,
and thereupon Informed The Court that K had no
Jurisdictions for the reason mat were II true that
such language vas used by Clemens, IL was
spoken without tie nearing OF the COURT and not
IN any way 10 obstfuCt It's process.
MI Swift called attention 10 the act OF
the Legislature passed at its last session,
known better as the Barry law, declaring that
courts had no power 10 punish Tor contempt Tor
words uttered upOu the highways and not in
obstruction Of court proceedings being had at
The time.
AN INHERENT RIGHT.
Judge Murphy replied that the Legislature had
no power to deprive the court OF its Inherent
hight 10 protect Itself 4 Judge should certainly
moi be subject 10 being malisned and sIaGdeI ca
In cases pending before him. 81 shall mold"
said be, "that 10 Legislature has the power 10
Infringe uuOn the rights Of the judiciary. our
Government IS a Government OF three cO-ordl-
nate branches each independent of the other.
The Legislature may regulate the proceedings
IN contempt cases, bur II cannot, under the
Constitution, 20 beyond mat power, which II
had exceeded IN enacting the Barry law Ii the
Legislature could do 50 the courts would be
exposed 10 tile malignant assaults OF anN evil
minded person that might choose 10 attack them.
If the act of The party IS contempt The Legsla-
tuIe has no right to say il is not.
The courts do not receive their power from
the Legislature but from tie Constitution. What
act Is more likely 10 embarraSs court m the calm
of It's deliberations and the exercise Of IFS func-
tons IMAM TINS OF NandetetS gong AROUND anu
accusing Judges Of receiving brbeSY
Judge Murphy, after pause, asked II public
meeting were 10 be Id and some miscreant
were TO accuse Judge before hundreds OF people
OF receiving brides, whether the Judge had no
remedy. Must he be compelled 10 bring dam
age suit against person as poor as i chuIcl
The Judge expressed his contempt for one who
would shelter himself behind ieChrlCdllty when
ordered 10 come into court 10 say whether or not
he had used such language. why" added he,
docs be not nave The manhood to say now
whether he did or did NOT say IT, Never was
gTOSser. yuero more damnable statement made.
mean 10 follow &c up. Why does lie not have
the manhood 10 prove what he saidP
81 want hun 10 come forward as man. He
knows my mouth "a closed and that my arms are
tied behind my b.Ck II l were 4 private lndl-
vdual I would be able 10 seek other remedies. l
fee This thing We keeniy sir. | know II won't
DO for ne 10 say much more 90 this subject al
present. VIII postpone my decision on this
matter until next Saturday morning"
Judge Murphy was evidently leitifing 10 lue
feeling Of indignation that was growing upon
him when be said that he knew IL would moi DO
for HIM 10 say much mo e.
CLEMENS DID NOT SAY IT.
In reply 10 the Judge, Mr. Swift suggested
that whenever the proper time for Nr. Clemens
arrived 20 open his mouth there would be sucn
modification Of tile aVtrmeutS al StilWell as to
show that ClemenS had not used the offensive
language charged against him.
Wien tie end Wis reached Mr. Clemens and
his lawyer wal ed out Mr. Brady was present,
but lie declined 10 take any part 10 tie proceed
iugs on the ground that he had taken retainer
for the Bell case only, and be ala not care about
being brought 10 O any unnecesSl anlagOniSm
toward tie presiding Judge or the court that was
heating tie motion fOr a Lew tIial for his
client.