The representative. [volume] (St. Paul, Minn.) 1893-1901, 1894-05-02
MORE AGGRESSIONS.

| MORE AGGRESSIONS.
1mpr1sonfng an Editor for Crfticisfne 2
Judge-High-Hande dedProceedings.
we have shown repeatedly that one OF
the greatest dangers that threatens the life
OF the republic is the disposition Of the
courts to assume absolute power in all pub
nc affairs. The congress of the United
S1ates now has a committee at work in
Milwaukee, investigating the course of
Juoge jenkins, i'm trying to reduce railroad
employees to the condition of helpless serfs.
we saw In Kansas and Colorado the courts
rlolng rough-shod over governors. although
nothing can be palmer than that q court
mas no power to reverse the action of the
| executive department of q state then the
governor mas to hear an appeal from the
supreme court In Minnesota this was set
tled 80 years ago, when the owners Of the
| old $5,OO0,0OO swindling railroad bonds an
pied to the supreme court for a mandamus
to compel Gov, Sibley to sign the bonds
Inc court very properly held that it had no
power over the governor. But in Colorado
| we saw not only the supreme court of the
state interfering to control the action of
the governor, in removing a couple of police
commissioners, appointed by him; but even
oiStrlct court issued it's mandamus to pre-
! vent the governor from acting! 1t is true
the latter court has since taken the back
rack; put these arrogant assumptions of
power brought the state of Colorado to
the verge of a bloody civil war;
But now we have still more glaring in
stance OF judicial aggression. Look at this.
OMAHA, March 26.-Cunningham r. Scott.
judge of the criminal branch of the dis
nrlo
attorney to file an information and cause
the arrest of Edward Rosewater, editor of
the Bee, on the charge of contempt Of court
This action was the result of editorial
appearing in the Sunday Bee criticisine
Judge Scotts course for refusing to hear
counsel in the case of w. D. PercivaI a re-
porter who had been brought before Judge
Scott Saturday for contempt of court AS
an outgrowth of Scott's action the Bee this
evening prints double-leaded editorial call
ing on the bar of Douglas county to meet
and take decisive action. In a tWo-column
card over his name Mr.. Rosewater saws:
The autocratic and un-American attempt
of Judge Scott to muzzle and terrorize the
press and humiliate and degrade the bar
OF TINS city under pretense Of upholding the
dignity of his court compels me to enter an
earnest public remonstrance agaist a. pro-
ceedlng which is without a parallel either
IN this country or in Great Britain I
question whether the car of the Russias
would in this enlightened age undertake to
punish an editor or reporter for any viola
tion Of the Russian press laws without Civ
ing him a chance to defend himself through
attorneys and whether he would assume for
himself the roles of prosecutor, witness
ana judge under the most provoking cir
cumStanceS.
The daily press are bad enough, God
knows. They are usually the upholders Of
tyranny, the supressers of knowledge and
the blindfolders of the people, but we can
1 hn obi
these dere1ict sheets clapped into p at
the dictum of criminal jud."e, J. any
other Judge If such things are n.ssible,
the liberty of the press is at an end The
courts can ride over individual rights, de-
prive men of life and liberty, give their
property to knaves and corporations, and
no newspaper editor can dare to question
the propriety Of their proceedings. Cor
ruptlon has reduced the daily press to a
pitiable condition. and now it is proposed to
add the terrors Of judicial persecution and
Imprisonment.
Does not this country need a new birth
OF freedom? Does it not need new
political party devoted to the protection
Of human rights and nothing else? Id
LATER-Since writing the above, we see
that this court has actually sent Mr. Ed
ward Rosewater. the editor Of the Omaha
Bee, the leading Republican paper Of
Nebraska, to prison for 30 days, for criti-
cising the action Of the court Commenting
says: "The day has gone by for furnishing
newspaper proprietors or anybody else for
contempt Of court in using language YER
bally or in print, criticising, censurng, or
even libeling the judges. Contempt of
court nowadays consists only in disturb
ance OF proceedings in court while in ses-
sion, interfering with the courts processes
the Juries or witnesses; conduct in the Inn
mediate presence of the court calculated to
bring it into disrepute, or in resistance of
it's authority and disobedience to it's lawful
rules and orders.
1t is not contempt Of court to publish a
vituperative newspaper article about the
judge, even criticsing his judicial acts
nor to steal the judges pocketbook nor to
assault him on the street, unless the as
sault is an actual interference purposely
with his discharge Of his official duties. A
Judge is not consecrated person. If he is
the victim of libel, or larceny, or on
assault and battery, the offender must be
arrested on complaint, tried and punished
like any other criminal of the same de-
gree committing similar offense against
any other individual. The judge cannot
take the law into his own hands and pun
ish the libeler, thief or ruffian summarily
for contempt Of court. The statutes in
many of the states accurately define con-
tempt" and provide for it's punishment
Judge Scott should pe prosecuted for
false imprisonment, and should be i'm
peached. So should all other judges who
wantonly exercise usurped power, or use
the powers of their Office unlawfully, vim
dictively and oppressively against individ-
uals. Divinity does not hedge about a
judge. His powers and duties are pre-
scribed by law, and he must keep within
the law while exercising and performing
them.''
One of the greatest dangers now threat
ening the liberties of the American people
is the usurpation Of the courts. few
examples are needed 10 let them know that
they are not the people nor the ultimate
power in this country. I. d