The St. Louis Republic. [volume] (St. Louis, Mo.) 1888-1919, 1903-08-09

oCftI ~. NOnloN1s
Assistant United States Prosecuting Attor-
ney for the Eastern District Of Missouri.
lish and criticize the actions and doings OF
the various functonaries Of the Government
for the better publication Of governmental
affairs, and for the purpose OF insurtng
higher order Of rectitude. Official fidelity
and faithfulness. insured the right of free
speech and free press and a jury trial for
the abuse of these rights.
CASE OF SHEPHERD.
."Th,s matter seems to be preoceupytns
the public mind just at this time. matter
Of suroassirg Interest Is the question grow
ing out, of the arrest and fine for con-
tempt of the Supreme Court Of Missouri OF
one sfr. Shepherd, editor of the Warrens-
burg Standard-Hera and Mr.. Cundn, ed
itor of the -Sedalia Capital-lt seems that
Mr.. Shepherd had published In his paper
most severe criticism Of the Supreme Court
because Of the judgment OF that court
heretofore rendered.
''In reversing q certain decision OF the
Circuit Court in an important case against
the railroad, which case was still pending
when Mr. Shepherd published his criticism.
the court took exception to the article and
cited Editor Shepherd to appear before It
and show cause why he should not be pun
ished for contempt Of court Tho Supreme
Court found him guilty Of contempt and as
signed q ine against him for $500.
''This action Of tho Supreme Court has
established a precedent in Missouri and has
tudicially settled the question that the citi-
zen In exercising his constitutional right OF
free press can be punished without trial by
fury for publishing articles critcising the
action of the court in causes then pending.
mice constitutional questions arise here.
Some are contending that the courts are as
Stunning to themselves extraordinary powers
inimical to our liberties.
ut is the settled law Of tho land that the
Judges Of the court cannot be indicted by
the Grand Jury, nor can they be put upon
their trial for the wrongful exercise Of their
ONCE in judicial matters. The remedy be-
fnE by impeachment, It Is settled law that
the Judges Of the court are not liable, to
civil suit for damages. resulting from the
wrongful exercise of the judgment Of the
court"
AN honest, sincere and confding people
were not willing to intrust with the Judges
the power to pass upon and to say what
was a just or an unjust exercise Of their
sacred right to say. write or publish what
soever they would. Therefore they provided
that the question Of guilt should be intrust-
ed to jury Of their peers.
ILLINOIS DECISION.
THE Supreme Court Of Illinois, in Q con-
tempt case STORY VS.. People. 70 ILL.,. 49,.
says That this constitutional guaranty ap-
plies to. words published in regard to Judi
cial conduct and concludes its opinion in
the following words:
When tits conceded that the guaranty. Of
this clause extends to words spoken or pub
lished in regard to judicial conduct and
character, It would seem necessarily to fol-
low that the defendant has the right tc
make a defense which can only be properly
tried by a Jury. and which the Judge OF a
court, especially If he is himself the Sub
ject Of the publication. is untitled to try,
and again in the same case the court says
II Judge is libeled by the public press
he and his assailant should be placed OF
equal grounds. and the common arbitel
should be Jury Of the country. and II ht
has received an injury. ample remunera-
| ton should be made ..gs 81 *
Looking at the history OF the law on the
| power of the courts ip matters OF contempt
1t appears this power had its origin In q
| fiction and is an extraordinary and arbitra.
| ry power bordering on the absolute. And
| to look again at the legislation in this
| country which has sought to limit courts
| in this proceeding Out which has failed II
| its purpose. because OF the fact that the
| courts have had the last say on the ques-
| tion) the inevitable conclusion Is that II the
| people want relief, their only remedy Is q
| constitutional amendment. The people OF
| New York in-1so5 made statute SO plain
/ and In 1904 fha cou s+ifrrtfon f1f afich force