The San Francisco call., 1897-04-23
the rules of law and public policy should

the rules OF law and pubic policy should
be reversed.
Among many authorities quoted he
cited the case of the Express Printing
Company VS.. John II. Copeland, in which
the Supreme Court of Texas said:
When a person becomes a candidate for
public Office conferred by popular election,
he should be considered as putting his char
acter in issue, so far as respects his Qualiica-
tions for the Office. Whatever pertains to the
qualifications OF the candidate for the Office
sought is a legitimate subject for discussion
and comment, provided all statements are
confined to the truth or what in good faith
ano upon probable cause is believed to be true.
The press is entitled to the same privileges
and subject TO the same limitations in is
cussing the qualifications OF cand ida tes
private indlyid uals. In our form of
government the supreme power Is in the peo-
Pile; they create offices and select the officers.
Then in the exercise of the high and i'm por-
tant power of selecting their agents to admin
lister for them the affairs OF government, are
aud comment respec ting the qualifications of
those who, by consenting to become candi-
dates, challenge the support OF the people on
the ground OF their peculiar fitness for the
office sought?
Dozens of decisions of like import, in
cluding opinions of the California Su-
preme Court were cited and some of them
read to establish the soundness of his
position that the charge of libel had no
lie gal standing in court and ought to be
dismissed.
Mr.. Shortridge throughout defended the
constitutional right of the citizen freely
10 express his sentiments concerning can
didates for public office. To deny or de-
stroy this right would destroy free govern
ment Majorities are not always right;
minorities-the single citizen, however
poor-may be right. Power does not make
right. In free country there must be
liberty of speech and of the press, and
men must not be denied The liberty OF
espousing or opposing candidates Tor pub
lie office; otherwise ssIf-government is at
an end.
Mr.. Kahn said he would make his reply
in few words. He did not think the sub
ject under discussion had been touched by
Mr.. Shortridge's citations and would not
consider them. He regarded the article
published by Mr.. Marriott to be libelous
| per Sc, and on that point he relied for a
ruling in favor OF the prosecution.
Mr.. Shortridge responded by saying that
Mr. Kahn was fortunate in being q BILE to
grasp and digest the deep meaning of the
fundamental principles treated of by the
| learned Judges, whose words he had read
and who had devoted months to the study
of questions that Mr.. Kahn dismissed
without an instants consideration. In a
| few sentences Mr.. Shortridge summed up
the reasons for asking for dismissal Of
the charge, and announced that he was
| willing 10 take the ruling of the court.
Judge Daingerfield manifested an IN
| Willingness to decide the matter off
hand, preferring to take several days to
consider the questions presented in Mr..
Shortridge's argument He therefore
| ordered the case to be continued until
next Monday morning, at 10 o clock,
when he expects to render decision On
| the motion to dismiss the charge.