The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1903-10-29
QUOTES BIBLE TO
JUSTIFY SENTENCE
Missouri Supreme Court Re-
affirms Judgment.
FAMOUS CASE OF DAMAGES
Inherent Power to Punish for Con-
tempt as Old as Court
Itself.


JEFFERSON CITY, Mo-, oct. %
Turning to Exodus and the Ten Com
mandments for guidapce, the supreme
court this week decidea>the contempt
case against J. M. Shepherd, an editor.
OF Warrensburg. Mo-. who at the last
term of court was orally sentenced to
pay 2 fine of $500 for publishing an edi-
torial criticism of the court.
In the written opinion handed down
the supreme court declared that the in
herent power of courts to punish for
contempt is as old as the court itself
Shepherd criticised the supreme court
for reversing the damage case of Rube
Oglesby against the Missouri Pacific
Railroad after the same court had twice
affirmed yerdicts of the lower court
granting Oglesby damages. When the
supreme court cited Shepherd for con-
tempt he demanded a trial by jury as
his constitutional right. This was de-
MED him. and. as he refused to acknowl-
edge that he was wrong and apologize
TO the court he was fined $500 and costs
which the citizens of warrensburg
promptly subscribed and gave to him to
pay fine and costs.
Cited Old Gases.
Defending it's right to punish contempt
cases. the court cites cases in the Eng
lish courts as far back as 1855, when
the prime minister was charged with
gambling with public funds and avail
ing himself OF official information to
make money on the stock exchange.
The offender was fined $3.50. Perhaps
tho most striking part of the courts
opinion is the following:
Time was when If any citizen or
newspaper insultsd or sIandered or ma
ligned a citizen the injured party de-
manded satisfaction according to the
code of honor. and If this was refused
treated the offender as a mad dog is
usually dealt with.
1T is worthy of notice that in those days
everyone was careful to tell the truth
about his fellow-men. and equally care
fvl TO avoid scandalizing them: but
even IN those days there were occasional
breaches Of decency in. this regard
which were promptly dealt with. A
sentiment. however. grew up that such
q method settled nothing: that the in
Docent party was as liable to be hurt
as those guilty. and that the result did
not show which told the truth. This
public sentiment discouraged If it did
forbid. such nethod Of settling
grievances. and il was insisted that
the redress offered by the law was
ample to properly handle all such mat
tiers. and hence that anyone aggrieved
must not take the law IN his own hands,
but must let the courts settle It. but
IL Is occasionally resorted 20. when the
ofsense is peculiarly aggravated. and so
indiscreet that It is impossible for hui
man nature 10 stand II.
Jury Trial Denied.
AS 10 the question Of trial by jury the
court says that Cooley on Consti-
tutional Limitations has solved that in
words TO this effect. Contempt cases
are never triabie by jury. for should
they be the object Of the rule would be
defeated IN many cases
Judge Marshall then turns his atten-
tioa to the Bible. and finds these words.
Thou shalt not bear false witness
Exodus xx:is. From the Ten Command
mCnts the Judge takes these words:
And when Christ went into Judea
teaching the people. one came unto him
end said. Good Master what good thing
shall I do that ] may have eternal nfee
And he said unto him. Why callest thou
me good2 There is none good but one
that Is ID: but IL thou wilt enter into
unto him. which? Jesus said, Thou shalt
do no murder; thou shalt not commit
adultery; thou shalt not steal. thou shalt
not bear false witness: honor thy father
and mother. thou shalt love thy neigh
Dor as myself. these comma ndments are
as binding as when first delivered"
Shepherd. therefore. SAYS the court
had no legal justification or excuse for
the article he published, ana is guilty OF
malice. All the Judges Of the court con-
cur with Judge Marshall in this opinion
which concluded as follows:
DO unto Others as we would that
others should do unto you; do nos bear
false witness against thy neighbor keep
the commandments: obey the laws; tell
The truth. be honest 70 myself as well
as to your fellow man; bear no malice.
but Judge all men with charity. and life
will be sweeter and more profitable. and
the world viii be better and your neigh
bor's faults viii not appear quite so IN
pardOnable. In this spirit the judgment
I'm this case was entered, and in this
spirit let II be Judged ."