The San Francisco call., 1896-06-16
Judicial Despotism in Contempt
Cases Not to Be Tole'
rated.
WILL ENFORCE THE BARRY LAW
An Effort to Be Made to Have 6
Plank Inserted in the Democratic
Platform.

Active preparations are being made to
reorganize the Free Press Defense Associa-
tion, which the now historic Barry con-
tempt case called into existence some six
wears ago. A great many of the members
OF that organization have been seen dur
ing the past few days and all are anxious
to reorganize the association to take action
in reference to Judge Catlin's decision of
the contempt case of Editor McCIatchey of
the Sacramento Bee.
Al the time of the first organization of
the defense association public sentiment
was aroused to a remarkable degree in
favor of freedom of speech and OF the
press. An immense mass-meeting was
held on September 10, 1890, which was
attended by thousands, who crowded the
streets in their efforts TO gain admittance
to the hall. Many of the most prominent
men of the City were present. Among
the vice-presidents were: Judge James G..
Mcguire, Richard 1. Whelan, John J. Nc
Dade, NJ. NJ, McGlynn, president of the
Federated Trades; w. J. B. Mackay, edi-
tor of the Coast Seamen's s Journal; Patrick
Reddy and others. Stewart Menz1es pre-
sided over the meeting. With the greatest
passed:
WHEREAS, On the 3Oth day of September,
1889, james H. Barry was brought before the
Superior Court of the City and County of san
Francisco, State OF California, for an alleged
contempt for publishing criticism of Judge
F. H. Lawler and said Barry thereupOn de-
manded his constitutional right OF a trial by
Jury, and offered to prove his charges pub
lished by him, and the Judges presiding re-
fused such a trial, and announced that the
truth was not defense, and thereupon ordered
said Barry TO be imprisoned and fined; and
whereas, on the 11th day of September, 1890,
the Supreme Court confirmed such doctrine
after keeping the case over eight months by a
decision without citing q single authority
now be it
ResolUed, By the citizens of San Francisco in
mGss-meeting Assem- bled in defense of liberty:
That the doctrine asserted in this case IS in de-
fiance OF the laws and constitution of Cali
fornia and OF the United States and a direct
subversion OF the constitution and deadly as
sault upon the guaranteed liberties of the
people OF the United States and without legal
or moral foundation, and on q par with the
despotism of Russia, where men are in like
manner hurried to prison without trial. and
renders the whole people subject to imprison-
ment at any hour without trial or opportunity
to prove the truth, for criticism OF Judge,
and
Re8oIued, That the act of Congress of March
81, 1881, passed for the purpose of preventing
the Judges of the United States from ever de-
nying jury trial for matters spoken OF writ
ten OF Judge out of court, and which for
sixty years has been found sufficient 10 protect
all the United States courts and which is SO
plain as to leave no room for Judges to destroy
liberty under the color of constituting law,
bo
section 1909 OF the Code of Civil Procedure OF
California, and we demand such action by the
next Legislature.
The following Legislature obeyed the
demand of the people thus expressed and
passed the following law, which has since
become famous as the Barry contempt
law:
No speech, statement or publication reflect
ing upon or concerning any court. or any Of
fcer thereof, shall be treated or punished as
contempt of such court unless made in the i'm
mediate presence of such court while in ses-
sion, and in such a manner as to actually in.
terfere with its proceedings.
Having accomplished this the old Free
Press Defense Association went out of ex.
istence. The recent effort TO declare the
Barry law unconstitutional and to assert
an inherent right of Judge to punish fol
contempt has aroused the spirit of the
members of the old association and they
will again take up the fight Toward the
end of this week a meeting will probably
be held and an effort will be made to have
Congressman Mcguire for pres ident of the
association.
An effort will also be made to have q
plank inserted in the Democratic plat
form voicing the sentiment expressed by
the people of this City six years ago. In
1890 there were strong planks calling for
the enactment of the contempt law in
both Republican and Democratic plat
forms, and in compliance with the de-
mands made in these planks the Barry
law was passed. Whether or not the de-
sired plank shall be inserted in this year.
Democratic platform the association vii
be reorganized Just the same, and the OLD
fight against irresponsible judicial power
viii be prosecuted with old-time vigor