The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-01

the PAL tltUleti liCiCo WHICH lipIi-
Gus and contemptouS.
Judge Purnell: The Court thinks
the rule is sufficient. No judgment
How long. gentlemen, do you need tC
prepare your answer?
Mr.. Gray: think, may it please
Your Honor, that we can get it ready
in a couple of hours from now.
Judge Purnell: The matter will be
called up again at II o'clock.
Judge Purnell Judge Winston, is
the respondent ready to answer?
Judge Winston: If Your Honor
please, at II O'Clock we will be, with
Your Honoor's permission.
Judge Purnel: All right.
Judge Purnell: The Court will now
hear the answer of the respondents
to the rule to show cause.
Judge Winston: May it please Your
Honor: Breads answer filed by the
reSpondent.)
May it please Your Honor, the an
swer to the rule, which has been read
i'm Your Honor's presence, as Your
Honor will recall, is not without pre-
cedent. 1t is substantially the same
answer which was filed by the Honor
able b. F. Moore and others to a rule
to show cause which was served upon
them in the memorable case reported
IN the O0EQ NOIlIi 1dIoillii INCpoi 10
Upon the reading of the answer to the
rule in that case that learned court
-(and l am sure that no citizen OF
the State, in or out of official posi-
ton, has greater respect for that
Court than this Honorable Court that
L know have the honor of addressing)
II say that the Court in that case
discharged the rule upon the reading
of the answer filed by these learned
members of the bar. We trust that
Your Honor will take the same course.
One of the main points presented by
the respondent may it please Your
Eonoor, is that Your Honor cannot
punish fer contempt of court in cases
such as are now presented to Your
nonoor's Court. Prior to the act of
the 2nd of March, 1881, Your Hopor
had power to punish in case of this
kind as for contempt, but since the
act of the 2nd of March, 1881, Your
Honor cannot punissh for contempt in
any case except such cases as are set
out in Section 725 of the Revised
Statutes of the United States. With
Your Honor's kindly permission L will
read some of the first authorities IN
the United States as constituting Sec
ton 1925 of the Revised Statutes,
which is, as / said, the act of the End
of March. 1891 [ will first read the
proceed to read the construction of
that act as placed upon it by some OF
the learned commentators | will read
from Judge Curtis, Associate Justice
upon the United States supreme
bench. | will then proceed to read TO
Your Honor from old & fuckers notes
an from other authorities which |
have here before me. Section 10
reads as follows:
90 II A a.
District of North Carolina. In the
Circuit Court, April Term, 1904. In
Equity.
'Jno. p. Cuyler, in behalf of himself
and other stockholders OF the At
lantic and North Carolina Railroad
Complainant. against the Atlantic
and North Carolina Railroad Com
pany, Defendant.
Answer of Josephus Daniels, to a
kule Awarded against Him by this
Honorable Court.
ITO the Honorable Judge. of the Cir
cult Court of the United States for
tne Eastern District of North Caro-
lima:
THE respondent herein protesting
that this court hath no jurisdiction or
power in the premises to make or is
sue the rule against him and claiming
and protesting that the answer herein
made to the rule of this court consti-
tutes no contempt OF court, answers
as follows:
Il. That he is the editor of the News
and Observer newspaper, but he de
nies that he is the proprietor thereof
ho+ ho cold nnWCnqnnr lc
the property of corporation duly ere
ated, organized and operating under
the laws of the State of North Caro-
lima. to-wit, the News and Observer
Publishing Company.
80. That the publication referred to
in said rule is not libelous ana doth not
tend to impair the respect due to the
authority of the said court.
"3 And for further answer this re.
spondent says that he is the editor-in
chief of the said newspaper and as such
he conceiyes it to be his duty to freely
and fearlessly discuss al matters OF a
public nature which concern the people
of the State of North Carolina, and
that the said articles were conceived
prepared and published by hlm IN or
der that the people OF the SAID otate
might be informed concerning mat
ter in which they were vitally interest
ed. He admits that his purpose was 10
express his disapprobation OF the ap,
polntment by Judge L. r. Purnell OF
V. Il. McBee as receiver of the Atlant-
&c and North Carolina Railroad When
the said Judge T. r. Purnell was out
SIDE OF the State of North Carolina,
and without any notice to said rail-
road company of his said action, and
likewise the issuing of a second order
in said proceeding as set out in said