The herald., 1894-12-04
THOSE IMMORAL BOOKS.
THE COURTS OF LAW DO NOT
RECOGNIZE ANY GOD.
Tbs Case of Mlss Tsssa l.. Kslso, City
Librarian, Argued the De-
murrer Filed Before
Judge Clark.

Some very striking SMILES, clothed in
somewhat picturesque language, wore
used by council in the probate court
yesterday. Ordinarily Judge Olark's
face is q mask, hiding completely what.
ever ideas may be agitating his mind,
but yesterday the courts dignity unbent
a trife and sombre kind OF smile
fitted over his face.
Judge Mckinley occupied q seat on
the bench with Judge Clark during the
h earring of Counsels argument on the
motion to dismiss the demurrer filed In
the case OF Tessa L. Kelso, the city
librarian, against Rev. J. W. Campbell
OF the First M. +. church.
1t will yet be fresh in the public recs
objection that the HERALD first drew at
tention to the fact that certain books,
immoral in their tendencies, were de.
filing the minds OF the youth OF both
sexes in the city. who had access to
them in the public library. The book
upon which public attention was con-
centrated at the time was Richepin's
LIE Cadet, a French work, and the HER
AID demanded that this, with other
works of the kind, be placed on the In
dex Expurgatoris. and the young people
Of the city protected.
NJ While dilsting upon the matter in
the pulpit OF the First Methodist Epis-
copal church Mr.. Campbell saw tit to
make certain remarks at which Niss
Kelso took cmbrage. While wrestling
with the Almighty in prayer the rever-
end gentleman used phrases of an inter.
cessory character which Miss Kelso also
thought reflected upon her character,
more particularly when taken in con-
nection with the remarks of the sermon
which followed.
In the complaint which was fled In
the cage the address made to God in
prayer is made one OF the most peril
nent of the charges, and stripped of ell
legal verbisge it is really the plaintiffs
opinion that while talking to God, Rev.
Mr.. Campbell was talking at her.
Yesterday in asking that the demurrer
be sustained, q. Wiley Wells went
through the complaint almost clause by
clause in the attempt to show that it
contained and set forth no proper cause
for action. He maintained that it waa
the habit OF the Methodist cnurch to
pray for officials; that no one is without
sin, ergo, no one is without the pale OF
prayer.
W. Foley. junior counsel for the
plaintiff, in addressing the court said
III l were coming before the moderator
Of the Methodist conference l might be
willing to concede the validity of the
claim set up by counsel ON the other
side, but inasmuch as the court recog-
nizes no God and no church, something
more is required as q principle OF law
and justice. The court can take no cog.
nizance of the doings, prayers or usual
habits of any denomination. Infidels
stand ON the same footing before tho
court a. the members OF any dsnomina-
tion. True, senators and congressman,
as we'll as city officials, may stand urg.
emily in need of the prayers OF com
lnunity, bus prayer for the plaintiff
under the circumstances, was quite
superhuous."
Mr.. Foley, in continuing his argu-
ment, oontsndsd that counsel in pre-
senting the demurrer could not explain
away the innuendoes of the complaint.
On the contrary these, with the other
averments, must be taken 40 true for
the purposes of filing demurrer.
F. III. Howard, also speaking for
plaintiff, sought to define tho law of
oiHh0ois ohd Wuu VGAy 4Rbabio bOtA Al
language and gesture. ut is not q
SANDER" he remarked, "for me to call
= msn - master; nor is 1t alander
if charge that a certain man drinks. If,
however, say that Rev. j. W. Camp.
bell drinks and is q -- master, that
surely is slander. His official position
demands that he be man OF unblem-
ished character. And go if cay OF some
schoolmistrsss, "She's a dirty slut"
that is q slander. Why? Because q dirty
slut can't be an efficient or good school,
miatreHs."
Having thus very graphically illus.
trated what actually constituted a slan-
der. Mr.. Howard drew attention to Ger.
tain sentences in Mr.. Csmpbelps ser.
mon which, he maintained, really ac.
centusted and made stronger certain OBJ.
jectionable parts OF the prayer Of the
reverend gentleman. Counsel cited nu-
mefous authorities to show that any
thing said which may tend to diminish
the authority OF one occupying a public
position ia actionable. What might not
be a elander against q person in his or
her individual capacity might very read
lily diminish public confidence in the
came person if occupying position Of
authority and trust.
At the close of the arguments Judge
Clark gave the defendan five days in
which to file his points and authorities
=. Il L. i s~L Ill