Rock Island Argus. (Rock Island, Ill.) 1893-1920, 1897-09-22
CONTEMPT Of COURT.
Decision in a Case OF Importance
to Newspaper Men and
Lawyers.
JUSTICE WINsLow,gor WISCONSIN,

Tells When in the Opinion of the Badger
State Jurisis "a Judge Cannot stop a Law
yer "r Newspaper from Publishing
Charges Against Him-Celebrated Case
in Which the Critics of the Judge Are
the Winners.
Madison, Wis, Sept. 22-Justice ]. B.
Winslow. of the Wisconsin supreme
court. handed down an important de-
cision yesterday which is of particular
interest to lawyers and newspaper pub
fishers. The opinion is in the case OF
the proceedings for contempt of court
by Judge w. f. Bailey, Of Eau Claire,
against II. G. AshbauSh and L. \. Doo-
l!ttle. The court says: we are well
persuaded that newspaper comments on
cases finally decided prior to the pub
lication cannot be cons idered criminal
contempt" After reviewing the rights
% courts ard emphasizing the i'm
portance that they should perform their
grave public duties unimpeded and un-
prejudiced by illcgitimate influences.
Judge Winslow calls attention to the
fact that there are other rights guar
anteed to all citizens which are fully
as important and which must be guard
co with equally jealous care.
Has :. Hearing ON Politics.
Continuing. he says: Truly, it must
be gr.evous and weighty necessity
which Will justify 50 arbitrary a pro-
coedinS whereby a candidate for cffice
becomes the aCcuSer. judge and jury
and may within few hours summarily
punish his critic by Imprisonment. Tho
result Of such "A doctrine is that all
unfavorable criticism of a sitting judges
past Official action can be at once
stopped by the judge himself; or if not
stopped can be punished by immediate
Imprisonment. If there can be any more
ehectual way to gag the press and sub
vert freedom of speech we do not know
where to find it. Under such rule the
merits Of a sitting judge may be re-
Eearsed, but as to his demerits there
must be profound silence. In our opin-
ion no such divinity both hedge about
a judge-certainly not when he is A
candidate for public office"
How the Case Was Originated.
Judge Bailey presided in the circuit
court Of Eau Claire county and was a
candidate for reelection. During the
heat of the campaign a lawyer Doo-
little. published in Ashbaugh's newspa-
per an article several columns in length
charging the judge with being eXtraya-
CANT in the uaGement of the court
and with being partial and unfair n
respect to his official conduct in the
trial Of causes, and with being infiu-
cnced by corrupt motives. These charges
| all referred to proceedings and cases al
ready heard and decided, and not to
matters then pending or on trial March
q an editorial article appeared in the
newspaper strongly opposing Judge
Bailey's candidacy and summarizing the
charges against him which had been
| made at length in the Doolittle article
April l Judge Bailey made an order on
his own motion. requiring II. II. Hay
den and T. +. Frawley to institute con-
tempt proceedings against Ashbaugh
and Doolittle on account of the publica-
tiuns.
Prohibited by the Supreme Court.
Upon the assembling of the court at
that time the alternative writ of pro-
| hibition from the supreme court was
produced and served upon Judge Bailey.
Thereupon Judge Bailey announced
that he would not proceed further with
| the pending proceedings, but at once
made an order adjudging both Ash
| bauGh and DOolittle guilty of new
! contempt in the Immediate presence of
| the court by reason of having filed their
| affidavit alleging the truth Of the ar
| ticles. and committing them to Jail for
| thirty days. such imprisonment to begin
| at once, though the order was never
executed by the sheriff.
| @