The record-union., 1895-01-14
CHIEF JUSTICE BEATTY.
His Views on the PhiIbrook Contempt
Case.
He Completely Knocks Out the Claim
of Sympathy and Shows Why He
Should be Punished,

Chief Justice Beatty has filed a concur
ing opinion in the Philbrook contempt
case. While he concurs in the judgment
of three years. disbarment, he puts it on
grounds somewhat different from those
stated by the Associate Justices, and in
doing so he completely knocks the
underpinning from beneath the men and
women of radical socialistic tendencies
who sought to arouse public sentiment
against the court, because, as they put it,
"PhiIbrook was denied opportunity to
expose the observation-disclosures" of the at
totney who has since become member
Of the Supreme Bench. The Chief JUS
tice said:
'My views of this case differ in some
particulars from those of my associates.
1t was not because of Mr.. Philbrook' s as
sault upon member OF this court-gross
and unjusutiable as l deemed it to be
that l Joined in the order citing him to
show cause. So far as that part OF the
otfense is concerned L should have
waited until the final determination OF
the appeal in Rankin VS.. Newman before
deciding what, il any, action it was neces-
sary or proper to take.
But, as is clearly shown in the opin-
ion of the court, Mr.. Philbrook did not
confine himself to an assault upon JUS
tice Harrison in his character OF attorney
for LeyinSon'S executor and as adviser
and participant in the settlement OF the
executor with the surviving partners.
He went further. He distinctly threat
ened the other members OF the court with
public lnfamy and disgrace if they did
not decide the case of Rankin VS.. New
man in his favor"
Chief Justice Beatty comedies the claim
Of 81, bod a
party or an attorney or witness, or IN any
way connected with a case on appeal IN
such manner as TO subject INN TO just
criticism, counsel must be allowed the
same freedom of criticism as with any
other person. The fact of the party be-
ing member OF the court, said the Chlef
Justice, had absolutely nothing to do
withs the case. The vice of Philbrook' S
action was said to lie in the fact that he
had criticised Justice Harrison. appa-
rently Tor no reason except that HARRISON
was member OF the court. PhllbroOk' S
language amounted to a threat or menace
against the entire court, which coul0 not
be tolerated. The Chief Justice conSld-
cred that II such language was TO pass
unrebuked no rights would be secure.
The opinion comments further on the
tact that PhilDrook made no retractlon,
but on the hearing reiterated his charges.
The Chief Justice said:
lit Is difficult to credit MIR. PElIDrook
with such simplicity OF understanding,
but it may be true that he has become so
blinded by his animosity against Justice
Harrison ana SO dominated by the belief
that the secret transaction OF September
+, $780, as he terms it, was gross and
wicked fraud, that he has lost the capacity
OF regarding any other aspect OF the case.
Indeed, his conduct during the hearing OF
the citation would seem to indicate that
this is so, for after devOting the greater part
of two days TO vindication and renewal
of his assault upon Justice Harrison, he
interrupted the course OF his argument
for few moments TO inform the court
that during the recess a brother attorney
in whom he had confidence had informed
him that to some minds the language OF
his brief might convey the idea OF threat.
lie protested, however, not TO see 1t, alter
his attention had been so directed to the
matter, but offered, If the court differed
with him, to cancel the offensive passages