Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1901-12-07
TWO NEWSPAPER
men LIBERATED.

81 Chicago Dec. 7.--Andrew M. Law
fence. managing editor Of Hearst's Chi
& coga American and II. s. Garfield, a
a reporter, who were sentenced recently
10y Judge Hanecy to forty and thirty
a days respectively In the county jail for
"a contempt OF court, were discharged
" from custody by Judge Dunno today.
i In granting writ OF habeas corpus to
the REALTORS the court said the case
Il hinged on whether the case on which
: the American commented had been dis
y posed OF by Judge Hanecy or was still
K pending.
Judge Dunno held that the case In
q question had been finally disposed Of by
Judge Hanecy when he gave his de-
oisim from the bench. The fact that
k the clerk had not entered the order
& when the comment on the decision was
y ppinted and published therefore does not
Z show that the case was still pending
u The act OF entering the order on record
+ was merely ministerial act, Judge
s Dunno said.
y Judge Dunno admitted that the arti
B oles and cartoon which Judge Hanecy
4 objected TO were clearly calculated TO
4 titimidate and coerce the court, had tho
court not already rendered its decision.
Judge Dunno admitted that the cartoon
In evidence was probably libelous and
the articles possibly so.
Harsh criticism" Judge Dunno re-
4 marked, Is one OF the Incidents and
burdens Of public life. / see no reason
why Judge should be afforded differ
ent remedy for attacks In the public
prints that a President or governor
or congressman. Criticism Of public
official, II just VIII DO good; II unjust,
Will do no harm"
In concluding the court said: 81 am
clearly OF the opinion that the language
used In open court by Judge Hanecy
amounted to final order disposing Of
the case unGer consideration, and that
being a final order, under the doctrine
OF contempt as laid down In this state
by our supreme court In Story VS. The
People, that the REALTORS had a right to
comment and criticise that decision,
( even to the extent OF llbeling the hon
\ ored and respected Judge who rendered
n That opinion, without exposing them
selves to prosecution for contempt OF
4court."
q Following Ia Judge Hanecy's comment
con Judge DUNES decision:
/" Judge Dunno had the power so to de-
eide. but he did not have the right. Any
Judge has the power TO let every prison.
or out Of the nenitentaries, but they
nave not the right nor does anybody
expect that they will"
x the contempt case and the habeas
tcorpus hearing which followed. serew
4 out OF an effort before by the Chicago
American 10 secure an order for ouo
warranto proceedings to compel the
Peoples Gas, Light and Coke company
70 show by what right they operated In
Chicago.
Judge Hancey refused TO allow the
quo warranto proceedings and following
this refusal the American printed arti-
cles and cartoon strongly intinatlng
that the Judge had been duly Influenced
and that when he again came up for
election he would discover that the neo-
pie had no confidence In hin, Judge
Hancey cited Lawrence and CanaeId
with others OF the paper. for confonpt
and found Lawrence and Garfield gull
" w. r. Hearst owner OF the paper.
Clare Briggs and Homer Davenport
carioonlsts have not been within the
1urdisdiction OF the court and the con
tempt charge still pelids against them.
Tho evidence heard bv Judge Hancey
was reviewed before Judge Dunno.
Clyde Moore Found Guilty.
Kansas City, Mo-, Dec. IA specIa,
10 the Star from Winfield, Kansas says: