New-York tribune., 1901-11-18
TOPICS IN CHICAGO.
A LEGAL TANGLE OVER THE CONTEMPT
PROCEEDINGS AGAINST THE
CHICAGO AMERICAN

more widespread interest than 10 being given u
the process Of a contempt proceeding olreo'eu
hy fudge Of the Circuit Court OF COOK oouii''
apatns, a newspaper The cause is still pending
final settlement even In the lower courts ouI /.
has already produced a legal fangie "i'Aou'
precedent in the State. Two employees on ihe
editorial staff Of the newspaper have been heiu
guilty but not formally committed TO jail IN ac
cordance with the expressed views OF the 1oos''
ard they are at liberty under haoeas coipu'
writ the petition for which has not yet oeeh HI
gued One court is ptted against another' tfie
original fudge is evidently determined to punish
what has been called Juggling with the la"
three great law firms with the States Attorney
and his staff, engaged on opposite sioes VI
the case and they have argued, besides techni-
cal.tes and facts the broader propositions OF the
freedom OF the press and the osnlt! OIL ''e
courts. and with 1t all the bench and bar nave
become thoroughly aroused over the case ana lts
probable ending.
The basis for this unusual attention single
court proceeding rests on the theory that wheh
the final decision of the upper court is written
the case will become historic in the annals OF
the loyal lore of Illinois This generation IN
Chicago has not before had the opportunity or
witnessing the trial of a newspaper ana It's re-
socnsible editors and writers for contempt Oh
court Back in 1879. more than quarter OF
century ago, there was recorded the famous
Storey Wilbur f. storey Eoitol VI the
old Chicago Times" was cited for contempt for
publishing certain criticisms of the grand jury
for voting indictments against him. The court
held the editor guilty. and sentenced him to the
county jaii Pending review by the Supreme
Court he secured his liberty on writ OF haoeas
corpus and the higher court finally reversed the
decision Of the lower tribunal and discharged
the editor.
Back Of this case there is only one other of inn
iAvisz s,
similar proceedings in this country That is the
Wilson case. where publisher and his manag-
ing editor were cited for contempt OF the Su-
preme Court itself for criticising their attitude
on case in which the decision had not yet been
rendered. These were fined.
Now comes twenty-sx years later new and
more radical proceeding. wherein a jail SEN
tence has already been pronounced and frantic
efforts are being made to keep the men from
even a minutes Imprisonment This history
making feature, then. is doubtless at the bot
tom of the general and sometimes intense at
tention which is being paid to the proceedings
in court and they presented by the
newspapers. And. side by side with the legal
features involved and the issues raised, there
enter the striking personalities of several men
known to public life throughout the breadth
and length of Illinois. Judge Hanecy, who in
stigated the proceedings and. who sat in Judg-
fested for the nomination for Governor in the
Republican State Convention year ago, which
named the present Governor, Richard Yates
Samuel Alschuler, the Democratic Candidate
who was defeated by Yates is one Of the at
torneys for the newspaper mer. Another is |
former Governor Altgeld, dogged and persua-
sive, and among his colleagues are Clarence
Darrow. single tax advocate, public speaker at
alleged anarchistic meetings and conspicuous
Civil Service Commissioner under Mayor Har-
rison and a number of younger but admittedly
brilliant lawyers.
AS special States attorney, appointed by
Judge Hanecy to try the case there is Simeon
P. Shoupe, formerly justice Of the Supreme
Court of the State for years one of the noted
lawyers in Chicago, and now gray haired, elo-
quent and keen And now. brought into the
the second step of the procedure comes
Judge Dunno. Democrat end the judge who
granted the writ Of habeas corpus which dis
charged Robert E. Burke when held under two
indictments charging embezzlement of city
funds oil inspector.
Crowds Of lawyers, old and young, law clerks
and law students. with hundreds of miscel-
laneous persons, have jammed the courtrooms
day after day as these men argued and grew
eloquent: murder trials and city cases have
been interrupted to make way fer the hearing
OF this cause az different times, and the PUBIC
interest has been stirred to excitement by more
than development incident TO the trial.
Briefly, to set out the points Of law in view
the history Of the is this: Judge Hanecy
nearly month ago rendered q decision in the
case Of the people against the gas trust which
was taken as favorable to the latter's interest
On the same day. ana the morning following
THE Chicago American" published articles and
republished cartoon OF Judge Hanecy- For
this the Judge cited the corporation and certain
OF the representatives to show cause why they
should not be punished for contempt" for
publishing matter calculated to impede en-
barrass or obstruct the administration of the
law
This started the trial. service having been had
four men, The State set up that the cause
still pending lin the breast Of the court"
that the decision had not been entered as a final
judgment, because the final orders being
prepared. The attorneys for the respondents
argued for a change Of venue and a trial by
jury on the ground that IL the articles COM
plained Of were criminal they should properly
under a charge Of criminal libel-a matter
for the grand jury to consider. Then they held
that the not pending. and that the
articles not calculated to obstruct OF en-
barrass the court. Judge Hanecy heard the
arguments through and rendered finally a writ
ten opinion holding against every one OF the
contentious Of the opposition.
Closing the reading OF the decision on a day
Sudge held that ''in his opinion" two of the re-
spondents were guilty Of contempt, and that one
should be confined in the county taiI FOR forty
days, the other for thirty days. Having read
this the Judge issued writ OF attachment
{cb 1yre iyed nd he