Omaha daily bee., 1897-01-19

Tekamah Burtonlan; Judge Scott aud few
more Of our able 60 judges may soon learn
that they cannot yank newspaper up for
libel without first having good cause for II.
This Is supposed to be a free country, where
despotlsm has no say.
Grand Island Independent; Newspaper men
will rejoice with Editor Rakcr Of the Grctna
Reporter that the supreme court has re-
versed the decision of Judge Scott who gave
Raker one year In the pententary because
he called the judge down on some of the
Infamous work of his court
Burt County Herald: The supreme court
has reversed the decision OF Judge Scott In
the famous Raker case. The case grew out
of a publication in Raker's paper the Gretna
Reporter. 1t was while a grand jury was
in session in Douglas county. At that time
Raker published an article In which he
stated that one Of the jurors had been out
seeing the shady side of the city. Scott or
dered Raker arrested, and, upon conviction,
the newspaper man was sentenced to a term
of one year in the penitentiary.
Kearney Hub: The press OF Nebraska
is In a congratulatory mood over the
action OF the supreme court in reversing
the sentence Of Judge Cunningham r. Scott
In the Raker case The public doubtless re-
members this case, wherein Mr.. Raker, pub
Usher of the Gretna Reporter. was rairoaded
within an inch of the pententary upon a
false charge Of criminal libel, in a manner
so high handed and notorious that 1t aroused
the indignation OF the press and the people of
the entire state. Unfortunately Judge Scott
continues to disgrace the bench in the Omaha
district, but fortunately Raker has had his
vindiCaton from the highest court of the
state and a lesson has been taught to would
be Judicial tyrants that ought not to be
soon forgotten.
Wahoo Wasp: The supreme court has
granted w, S. Raker of the Gretna Reporter
new trial. Raker was convicted in Judge
Scott's court at Omaha of criminally libeling
the foreman of the grand jury, who had Wis
tied a number of houses Of ill-fame on the
alleged excuse that he was after evidence
against them. Judge Scott's treatment of
Rakcr was scandalousy unfair and hsrsh, and
a conviction was forced by the court who
practically ordered the jury to return a ver-
dict OF guilty He was refused permission
to prove the truth of the article, and after
his conviction the court refused to sentence
him until the supreme court forced him to
do so. w. S. Summers represented Mr.. Raker
and his contention was, aside from manifest
errors Of the trial court that the defend
ants conviction was unlawful because the
article was not libelous.
Ashland Gazette: The supreme court re-
versed the decision OF Judge Scott in the
case of w. S. Raker of the Gretna Reporter,
convicted of criminal libel and sentenced to
serve one year in the pententary. This re-
suit is no surprise to any one, but rather it
was generally anticipated. 1t would have
been a disgrace to the civilization of Ne
braska if such infamous decisions had been
allowed to stand. MIR. Raker has suffered
terribly from this heinous injustice. He
stands honorably acquitted before his coun-
trymen and no stigma attaches to him, but
the decision Of no earthly court will call
his poor wife back to life again. In all
the annals of American Jurisprudence there
is probably no parallel for cruelty and in
nGtt hn Nafp haN hna
disgrace to Russian despotism. The account
of the trial read exactly like the proceed
ings of the Infamous Jeffries whose name
will endure for all time as synonym
for judicial oppression
Lincoln News: The supreme court has very
righteOusly reversed the conviction in the
court of Judge Scott of Editor Raker of the
Gretna Reporter. If there ever was judi
cial outrage perpetrated in this state, the
conviction of Raker was one. There was
the editor of small country newspaper who
had dared at some time to criticise the err
ratio Scott dragged from the county in
which his paper was published into another,
hauled before Scott and there refused a
fair and impartial trial 1t is to be re-
GREETED that the supreme court did not pass
as fully as it might upon all the points in
volved and did not rebuke the judicial ty-
rant of the Omaha bench as he deserves.
The cruelty shown in this case to Ral;er is
almost beyond belief and If it had not been ,
lCr the generosity OF MS FELLOW members OF
the country press he would not have been
able to obtain the justice the supreme court
has just given him. Scott's few defend
ers will be much less in numbers when
the history of the Raker case is given in
full.
Papillion Times: The decision of the SUI
preme court of the commonwealth in this /
important case will be received with salts !
faction by all fGir-minded men. The high |
court declares that the constitution of the
state means just what it says, namely, that |
in libel suit the defendant may plead and
prove the truth Of the charge upon which ,
libel IL based. The Times is particularly |
pleased with the decision of the court, be-
cause 1t sustains our position in the prem
ises at every step At no time did We defend |
Raker as against the man whom he was al |
legged to have llbeled, for indeed we had |
no opportunity to know the facts. But !
when the editor was denied free and fair !
trial in the district court, we. in common |
with many newspaper men in the state, pro- |
tested against the outrage, and our protest |
has been answered. Perhaps Raker libeed |
Mr.. Babbitt. we do not know But we !
do know he was outrageOusly treated and !
shorn of his rights under the law by Judge !
Scott and we offer sincere congratulations |
upon the overthrow Of that courts unfair |
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