The San Francisco call., 1895-08-03
THE DALEY CONTEMPT.
Alcazar Players Ask for Writ of
Certiorari.

Manager Daley of the Alcazar has ap-
piled to the Supreme Court for relief from
the order of Judge Murphy of the Superior
Court with reference to the production of
"The Crime of the Century," Through his
attorneys, Carroll Cook and T. V. Eddy,
he filed petition yesterday asking for a
writ of certiorari and writ of prohibition,
which proceeding, for the time being, at
least, will stay the hearing of the con-
tempt case before Judge Murphy.
Manager Daley, Playwright White, the
Alcazar players and their attorneys will
not fail, however, to be present in Depart
ment of the Superior Court this morn
ing. The cases against them will be called
at 10 o'clock, and, as no order has issued
from the Supreme Court on their petition,
a failure to appear might result unpleas-
antly. The contempt proceedings, how
ever, will probably not go on to-day. Car
roll Cook stated last night that he would
inform Judge Murphy of the filing of the
petition in the Supreme Court, and ask for
a continuance until such time as that
tinuance will, undoubtedly, be granted on
this representation.
From the petition filed it appears:
That R. C. White is the owner of a play en-
titled "The Crime of a Century," and that w.
R. Daley has the right, given to him by White,
to produce that play, and that the other petit
tioners are employees of Daley; that the play
is copyrighted and the property therein pro-
tected by the laws of the United States, and
that the same is property and the right to play
it is property.
That without any process of law whereby
either OF said petitioners was brought within
the jurisdiction of the court whose acts are
complained of, and without their ever having
allowed their b.
senee and upon&n ex-parte motion, in a cause
in which they we're neither parties, witnesses,
officers of the court nor in any way connected
with or interested in the proceedings, the
Judge OF the Superior Court made the order set
forth in the petition, which order interfered
with and deprived petitioners of their said
tion of the provisions of the constitution of the
State OF California, and OF the use and enjoy
ment of the same.
That the said order was an attempt upon the
part of said Superior Court and the Judge
thereof to interfere with the rights of petit
TONERS guaranteed to them by article ], Sec
ton 8, of the constitution of the State of Cali
fornia, which provides that "every citizen
may freely speak, write and publish his senti-
ments on all subjects, being responsible for
the abuse OF that right; and no law shall be
passed TO restrain or abrldge the liberty of
speech or OF the press"
With the petition and in support of it
counsel for Mr.. Daley submitted a memo
randum of points made and authorities
upon which they base their claim to the
writs asked. 1t concludes:
Petitioners would suggest that, even though
the court might have power in given case to
make an order in advance restricting the right
of free speech and interfering with the rights
of property without making the owner OF such
property a party in legal proceeding, the
atfidavit set forth in the petition herein and
upon which the order complained of was
based does not show a case which would justify
the making of any such order or give to the
court jurisdiction to make the same.
1t nowhere appears by said affidavit that the
court is ridiculed or interfered with, or that
any officer of the court, witness or juror is has
been or could be interfered with. Nor does it
appear that there is anything in the play or
drama complained OF that could in any way