The record-union., 1894-12-22
MISUNDERSTANDING THE COURTS.


MISUNDERSTANDING THE COURTS.
The perversity of some of the San
Francisco press in misunderstanding and
misrepresenting is so much more than
amusing that it is dangerous. When it
comes TO questions before the courts,
several of these journals, apparently
with malice prepense and out of "pure
cussedness," TO use vulgarism, present
to the people day after day statements
that are absolutely untrue, and the result
is that there go out among the people un-
truths as facts, which become the founda-
tions of judgments that are the seeds Of
discomfort, lawlessness and anarchy.
It is not surprising that there should
be rapid growth of lawless spirit
of antagonism to orderly procedure in
Judicial matters-when the courts are so
persistently misrepresented by so many
OF the press. The newspaper that will
fully and perversely presents to its read
ers statements alleged to be true exposi-
tions of proceedings before the courts.
but which are perversions OF the truth, is
not one whit better than the man who
goes about telling any other vulgar lie
and deceiving the people to their injury
Only the other night the San Francisco
Bulletin with emphasis declared that a
United States Court in Chicago had con-
Victed Debs before trying him, and
roundly abused the court because Debs
was not tried ION information or indict-
ment." and before a jury of his peers, in
stead of being sent to Jail for violation OF
court order. 1t is added by the same
journal that it is now necessary to bring
the courts up with round turn and teach
them the way they should 60. Which is
to say that they shall not be governed by
the rules Of law and the statutes the peo-
pie make, but by the ideas of men posing
as newspaper writer's.
Take the Debs case; he was not con-
victed before trial. 1t was not q case for
trial before a jury, as it was not case of
indictment or criminal charge. Simply,
it was the exercise of the power of the
court-and without which it would not
be court-to compel obedience to it's Or
ders made in pursuance of laws that
were made by the people. That is to
out and issued as is by law provided must
be done when proper showing Is made.
1t was served upon Debs, and he was
therein commanded from doing certain
things until he could show to the court
that he had the right to do them, or that
he was not offending, as set out in the ap
did more-he ignored the mandate of the
tribunal of his country, and continued to
do that which he was forbidden to do.
The court then cited Debs TO show cause
why he should not be punished for dis
obedience to the law of his country. Fail
ing to excuse himself he is punished for
contempt, not, be it noted. for the
acts he was forbidden to do. For those
he may stand his trial so far as
there may be country bills of Indictment
against him. If a party should attempt,
by show of force or Indictment of mob,
10 stop the running of the BuJIetin'S
presses or the delivery Of its papers to its
carriers, and no speedy and adequate
remedy to prevent irreparable injury to
the Bulletin was available, and it should
show that irreparable injury would re-
suit if the party were not restrained,
and ask for and be granted a writ COM
manding the offender to cease his acts
pending inquiry into their lawfulness
that journal would be the first to pray
the court to punish the defiant defendant
for contemptuous conduct if he refused
to obey the writ.
The Bulletin in that case would con-
slider it an outrage for one Of its con-
temporaries to shout that the offender
was being prosecuted, and that he should
90 free and not be held to account for his
disregard of the order of the court In
deed. if the Bulletins dangerous doctrine
is to obtain, it will nullify the power of
the courts to restrain parties from COM
mitting unlawful acts, and acts in viola
ton of the rights of others, either as to
their property, their lives or their happi-
ness.
All this the Bulletin knows perfectly
well. It is not ignorant in the slightest
degree regarding these matters and their
full meaning. 1t is therefore inevitable
that we shall conclude that the Bulletin,
in its assault upon the United States
Court, willfully and calculatingly catered
to the spirit OF lawlessness, disorder and
anarchy. There is no escape from that
Judgment.
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