davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
Law and The Press.
The Editor and Publisher.

The way in which the people of
North Carolina and elsewhere sup
ported the editor of The Raleigh News
and Observer in the recent proceed
ings against him for contempt of court
is a healthful sign. If the editors
criticism had been abusive, or even
unrestrained, or if he had not had suf-
ficient ground to justify him in at
lacking the court the result might
have been far different. He was not
only temperate in his language, but
also unquestionably right in his stand,
as has been demonstrated in the legal
outcome; and being right always car
ries a great deal of weight with the
people.
The hasty action of the judge who
imposed the fine for contempt looks
very much like a reflection on his own
sense of justice. When a jurist is
making ruling that has a chance of
meeting with popular disfavor. it is
very natural for him to resent any
criticism of a newspaper which will
help the adverse opinion along. Thus,
instead of disregarding it. as he would
be apt to do if he had the courage of
his convictions. he at once exercises
his prerogative, and adjudges his cri-
tic in contempt of court. A man in
the position of Federal Judge should
be prepared to take a moderate
amount of criticism from the organs
of the people, or he should hasten to
get into other business.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
WHAT DEMOCRACY HAS DONE.

In his speech, as presiding officer of
the Buncombe County Democratic
Convention, Louis M Bovine, Esq, re-
viewed in a mastery way the good
work of the Democratic party in the
State of North Carolina and in the
county of Buncombe. The summing up
of the record by the State is con-
else and clear. We quote Mr..
Bowme's words:
81. The public school system, that
great bulwark of Democratic govern
ment, has been extended and strength
ened by a Democratic Legislature and
a Democratic Governor.
"2. The penitentiary debt contracted
under Fusion management has been
paid off by Democratic administra-
ton and the institution put upon a
paying basis.
"3. The race question has disappear
ed from politics through the adoption
of the Constitutional amendment
81. The control of the Atlantic and
North Carolina Railroad company has
been saved to the State by the prompt
and energetic action of our Demo
cratic Governor.
80 The liberty of the press has been
preserved through the efforts of a
brave Democratic editor aided by the
wise judgment of a Federal judge, who
is one of our own honored fellow-citi-
zens, and a resident of this city.
sc. The judicial system of our State
has been enlarged and improved sc
that there should now be no delay in
the trial of causes, which is frequently
a denial of Justice"
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
A Judge Who Deserves Pity.
,exiD gtOn (KVO Herald

ItAlilSI oIl Nhy.J IIcl diu.
Mr.. Daniels is the editor of one of
the leading newspapers of North Caro-
lima, and he published editorially an
account and a criticism of judgment
of a Federal Court in the appoint
ment of a receiver. The Judge issued
a warrant for his arrest for contempt
and on hearing, fined him $4,000, and
ordered his committal to Jail until the
fine was paid, and refused an appeal
Mr.. Daniels swore he had no desire
or intention to show contempt for the
court or the Judge; his sole purpos
was to make pubic the nature of the
case and the order entered in it.
When he was fined he declined to
pay and prayed for writ of habeaS
corpus from Judge Pritchard, who is
from North Carolina, and has been
recently appointed one of the Circuit
Judges of that Circuit to fill out the
vacancy created by the death of Judge
Simonton. Judge Prichard issued the
writ, granted bail and will hear the
cause We do not undertake to- pre-
dict the result; but we pity that judge
who entered the order fining Mr..
Daniels for contempt. We are a
stickler for the utmost respect and de-
corum in the court room; the office
must be treated with a respect little,
if any, short of reverence. But Judges
are only men; and courts are only
agencies of the sovereignty to admin
lister justice, construe the law and exc
cute it's provisions. 1t is never above
the law; judicial discretion is never
higher than law, justice, right and
honesty; and it is the right-it is the
duty of the public press to give pub
licity to our judicial proceedings and
turn the calcium search light of pub
lie attention on all doubtful, and,
indeed, on all important judicial ac-
ton and conduct. The tone must be
decorous; the utterance moderate; the
criticism both just and free from Vlo-
lence and denunciatiOn. And when a
court is so sensitive concerning It's
judicial conduct that it attempts to
suppress publicity, stifle criticism and
prevent dispute. it at once eXcites sus-
picion, increases interest and forces
discussion-not only of the original
Judgment. but of it's action in at
tempting to punish the alleged OF
fender.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
THOSE DIVORCE FIGURES.

With reference to the appalling di-
ought to be said in justice to the
white people of the State that about
nineteen out of twenty of the divorces
are those of colored people. The ex-
act figures cannot be given, but TAX
ing Wake as an average county, there
will be found about twenty divorces
among the colored people to one
among the whites This fact needs
to be stated for a clear understand
ing of the situation in this State.
Speaking yesterday of the large
number of divorces among the ne
groes, a thoughtful gentleman said:
"My own view in regard to negroes
is and always has been that they
ought not to be judged by the white
mans standard: that there ought to
be somewhat different laws for them.
In this matter of divorces. it is bet
ter for them Gas they move about
so freely) to have easy divorces and
re-marriage than to violate the law
as they will do, on long separation"
OF course some allowance must be
made and negroes must not be judged
by the white mans standard, but the
above statement affords no warrant
for the growing laxity of the divorce
laws-a laxity, too, that is not due to
a desire to make the standard for ne
groes less high than that set up for
the whites.
The agitation for repeating all
amendments to the divorce law made
since The Code should be kept up
until the disgraceful additions are
wiped off the statute books.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
Spirit of the Press.
An Abuse Of Power so Gross Should
Not Go Cnrcbuked.

Norfolk Virginian-Pilot.
Circuit Judge Pritchard has re-
leased Hon. Josephus Daniels editor
of the Raleigh News and Observer,
from the custody of the United States
Marshal and relieved him of the So
600 fine imposed by Judge Purnell for
alleged contempt of court in CRITICS.
ing Judge Purnells act.
This is a distinct victory for the
freedom of the press, and of course
for the freedom of the citizens as
we'll, for in the highly organized So
ciety of the day the freedom of the
citizen cannot be maintained, if the
press is muzzled. A blow at the
press is a blow at the people, for
what the press may not publish the
citizen may not say to his fellow citi-
zen. And surely we are come to a
pretty pass when one citizen may not
criticise the acts of a Federal Judge
to anotheri
Judge Purnell'S course in this mat
ter was radical and tyrannical to the
point of absurdity, and the most char
liable construction that can be put
upon it is that he must have been
suffering from dyspepsia. This is not
the land of the car yet-not quite
and government by the Federal judic-
larry is not a conceded fact
We should think that Judge Pur-
nell finds himself in a very undesir-
able plight. For three days he kept
distinguished citizen under arrest,
and it transpires that he did SO not
only without warrant of law, but con-
trary to and in confessed ignorance of
a decision of the United States Court
denied him the right of appeal!
We respectfully suggest that the in
cident be called to the attention of
Congress when it reaSSembleS. An
abuse of power so gross should not
go unrebuked.
In the meantime North Carolina
is fortunate in having at the head of
one of it's leading newspapers man
of the courage and the nerve and the
independence displayed by Mr.. Dan
iels. A weaker man or a more plia-
BILE man would have hedged and
lodged and explained, and, in some
way have purged himself of the al
legged contempt Mr.. Daniels met the
issue squarely and came out Of the
fight unscathed.
That was no mere personal Vindi-
cation. 1t was a service of the utmost
value to the people of North Caro-
lima and to the press of the whole
country.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
Tried to Vent His Hatred.
Lexington Dispatch.

Lexington Dispatch.
Judge Purnell has demonstrated be-
yond a shadow of a doubt Ihat ne is
both small and ignorant. 100 small
and too ignorant to be judge OF any
kind. In his diabolical attempt TO
punish Josephus Daniels he showed
to the world that he has none OF the
qualifications of a great judge He
made it clear that he is little, mar
row. minded, sWell-headed, small
gagged ass, totally unfit to sit in judg-
ment where justice is looked for Be-
cause he had hatred in his breast he
tried to take advantage of his nigh
position to get even with the man
who had bravely exposed the shady
conduct of this misfit of a judge. Had
it been in his power he doubtless
would have put Mr.. Daniels IN the
penitentiary for life. But his igno-
rance of the law has brought about
his undoing. He made ';oWardjY
attempt to do a thing which the law
does not permit. He did not know The
law on the subject he refused ID n"r-
nit an able lawyer to explain the
law and he ruled and acted in the
matter as though he had all power.
If Purnell does not resign the au-
thorities ought to kick him out. He
is a disgrace to the party that made
him a judge and his conduct will
prove hurtful to that party for years
to come. He is undoubtedly the
smallest calibre judge yet known to
this State and he will go down in the
history of this State as the ass on
the bench.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14

the power of tho editors of this State
to safely criticise' for fear of being
brought into contempt. NeFe a,t t,ieIeSs
they have deserved all the c4 tt
which could be visited upon mem:
We do not say that tne , uecls.on
rendered in the North Caro1ii1 Ia court f
was of this nature, nor tna MAJ me leu, euI-
But if NAV aasiiY have been within
bounds and yet have aroused the ire
of the judge. For there are some
members of the bench VINO cannot
stand even temperate crltlclsIn, ana
who are much too prone 10 resort 10
extreme measures on the pea that
their court has been brought INTO con
tempt, which in fact it is only their
own personal feelings that have been
hurt. If this is the case in the pres
ent instance, we certainly wish Editor
Daniels a safe deliverance.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
WANTED: ABLE AND ELOQUENT
ELECTORS.

The Democratic State Convention
| and the Congressional conventions can
not be too careful in selecting presi-
Dental electors. The first requisite is
that they shall be men of ability and
men of eloquence. The elector is
charged with the duty of representing
the candidates for President and
Vice President and upholding the
principles of the party. 1t is no place
to be given to some clever man as a
reward for party service. 1t is an hon
or to be conferred only on men who
speak convincingly.
The nationa! issues of the campaign
this year are not such as will pass
with the counting of the ballots. They
are fundamental and enduring They
have to do with vital questions upon
which parties have divided since JEFF
ferson and Hamilton had an irrecon-
cilable difference in Washington's
cabinet. The campaign will be fought
on the questions of taxation, monopoly
and perialism-ouestions as old as
government, but as new as the latest
robbery of the people under the forms
of law. The need of North Caro-
lima Democracy is to name as electors
men who have the leauing, the elo-
auence, the presence to discuss these
themes i'm a manner to instruct as we'll
as entertain the people whom they
address.
For ten years the people of North
Carolina have been chiefly concerned
with questions that have been so
pressing for immediate solution that
little time has been given for speakers
to indoctrinate the people in the i'm
mortal principles of Democracy. 1t
was first a fight against graft, corrup-
ton and wickedness in high places;
then it was fight to purify the suf
frage; and since then it has required
almost every effort to restore good
government and adjust the new laws
to present conditions. Having restored
to North Carolina stable government
under which greater prosperity
abounds and better educational facili-
ties are provided, the time has now
come when the duty of Democracy is
to preach old time doctrines as they
relate to present conditions and living
issues. Unless this is done many
young men will grow into manhood
without sensible knowledge of the
underlying principles which divide the
parties. We MAY be sure that orators
and opposition newspapers will sow
tares and will seek to minimize the
evils of trusts, protection, Imperialism
and like ills, and there is a call to
meet the spread of error by preach
ing the plain truths of Democracy.
Nothing else can SO quickly and sure
ly dispel the vapors of Federalism
now calling itself Republicanism. And
1t needs to be preached with wisdom
and power and understanding.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
NO THIRD TERM WANTED.

The suggestion of Mr.. Cleveland as
the Democratic nominee is an attempt
to reverse the Democratic position as
to a third term for the Presidency
If any one desires to know the Dem
ocratic position as to a third term
let him read the resolutions adopted
by the National House Of Represen-
tatives in the year preceding the
campaign of 1896. Nowhere can there
be found an ADLER and stronger pre-
sentation of the .evils that Turk in
long tenures of office and the par
ticular danger in a third term for
the chief executive of this Republic.
A President, even one who does not
dictate to Congress has almost i'm
perial power. At the present time,
when a Roosevelt orders Congress to
adjourn somewhat as a school mas
ter dismisses his pupils, the danger
of a third term cannot be overestima-
ted.
If. unfortunately for this country,
Mr. Roosevelt should be reelected in
No(ember, he would" seek a third
term if he thought the stars favor
able or thought he could ride rough
shod over the traditional opposition
to a third term. He is the sort of
man who would glory in undoing a
precedent which the wisdom OF
Washington and Jefferson established,
for no precedent or tradition that
stands in the way of his headstrong
course is sacred in his eyes. If any
Democrat should favor third term
for Cleveland in 1904, how could he
protest against the third term for
Roosevelt in 1908? OF course there is
a slight difference between a third
term. with two terms intervening, but
the principle is not different. Two
four year terms of Chief Executive is
enough for any one man. One six
year term, with prohibition of re-
election would be better. Let no man
who loves his country wish to see
any man-no matter how much he
believes in his wisdom-elected Pres
ident more than two terms Beyond
that there is danger
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
Z THE UNIT RULE.

There seems to be general appro-
val of the suggestion that the dele
CATION from North Carolina to the
National Convention should be bound
by the unit rule, though there is diff
ference of opinion as to whether the
delegation should be instructed.
There are those who favor instruc-
tons for Parker and those who wish
to leave the delegates free, but the
difference of opinion does not seem
to be wide enough to cause much
debate. The adoption of the unit rule
undoubtedly gives great weight to a
State delegation, though it denies
voice to the minority of the dele
cation.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
So Much Worse for The Judge.
Pittsburg Pa.) Press.

1t would seem as if this case ought
to establish an important precedent
inasmuch as ordinarily contempt pro-
ceedings are not based on statutory
law but on peremptory process and
on common judiciary practice. 1t is
to be said, Furthermore, that Editor
Daniels evidently did not criticise
without reason, for the appointment
of receivers has since been overruled
by the United States Supreme Court.
1t is remarkable that an editor should
at any time happen to know the law
better than a Judge but the. outcome
at Raleigh admonishes us that when
such a thing does transpire it is so
much worse for the judge and the
editor cannot be sent to the bastile
for calling into question the judges
proceeding.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
Some Judges Cannot Stand Temper
ate Criticism.
Houston (TeXaS) Post
Houston (Te>

Judges within certain limits are
subject to criticism, and if they were
not it would be bad indeed for the
liberties of the people. For it must
be confessed that there are members
of the bench whose opinions ana &C
tons are open to grave objections.
We have had decisions rendered in
Pennsylvania, especially in political
and corruption cases. which have de-
served the contempt of every decent
citizen, and which have provoked the
severest published comment from high
legal authorities outside of the State.
These decisions it has been beyond
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
Dignity and Freedom of The Pres
Defended
Pnnlxinnhnnn Headlinht

In the late action of Editor Daniels,
by which he has immortallzed him
self, the fact has been established
that, in North Carolina, the dignity
and freedom of the press has been re-
cognized and defended. Judge Prltch-
ard only did his duty, but we are
glad that he had the opportunity to
do it. Long live Judge Jeter G.
Pritchard. The same may be SAID of
Judge Conner. and others, and so
mote it be- with Chief Justice Fuller.
Now let us have peace.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
Tryin to Conceal His Contempt.
Burlington News.

The two contempt proceedings
which have been agitating the public
minds for the past few days remind
us of a story we heard some time
ago An attorney was arguing a case
before a very stupid judge, and after
presenting the matter in as forcible a
way as possible, the judge refused to
see the point, and the lawyer made
some remarks that were not accord
ing to the law and the prophets. The
Judge demanded, "Sir do you mean
to show contempt of this court?'
The lawyer smiled and said, mo,
your honor, l was trying my best to
hide my contempt of the court.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14

Cant. Milt Jones. who has gold
mine at lola. near High Point which
Yields over $4,000 q month. is now
engaged in building railroad from
brownsville TO the NarroWs. Inc
roadbed is now being graded. Cap
tain Jones says he will extend the road
to High Point if that city will raise
S35,00O.-Salisbury Sun.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
ADMINISTRATORS NOTICE.

Having qualified as administrator
of J. d. Newsom, deceased, | hereby
notify all persons having claims
agains his estate to present the same,
in writing, to me on or before May
10th, 1905, or this notice will be plead
in bar of their recovery. All persons
owing said estate are notified to make
prompt payment to me.
MAURICE j. O'NEIL, Admir-,
Henderson, n. G.
BIOL a W-6W
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
To Uphold the Rights of the People.
Greene County Enterprise.

Our people were much gratified to
hear of the release from the unlaW-
full custody which Hon. Josephus Dan
iels was held by Judge Purnell, of
the United States Court. Joe Daniels
and his paper, The News and Obser-
YER, are a great favorite with our
people and especially do they indorse
almost to a man, the course the odd
Reliable" took in the A. and n. G.
r. r. receivership. Long may our
Joe live to uphold the rights of his
people as he has done in this case
says our people.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
5-10-1 a W-6W
.Aduninistratrix Notice.

Having qualified as administrators
of the estate Of Thomas G. Sorrell, de-
ceased, late of Wake county, N. c..
this is 10 notify all persons havins
claims against the estate to present
the same to the undersigned on OF
before the 31st day of May. 1905. OF
this notice will be plead in bar OF
their recovery.
ADDIE PEARL SORRELL,
Administrative.
5-31-1 aW-6W. ~
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
Much Exercised.
Charlotte News.

The Republican Press of the State
is very much exercised over the
Daniels affair To commend Judge
Purnell for ordering his arrest and
filming him is to condemn Judge Prit-
chard. Therefore they are IN strait
betwixt two. They take II ont in
abusing Daniels.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
Endeared Himself to the People.
AOex News.

Judge Pritchard has further en-
deared himself to the people of his
State in the beginning of his services
as judge of the United States circuit
Court in that he so promptly granted
the remedy sought by Mr.: Daniels
when deprived most unjustly OF his
property or liberty.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14

"Knox an ideal Senator" are the
headlines in Pennsylvania paper. OF
course. He can keep up u talk about
enforcing trust laws while being care
full to do nothing to injure a single
hair on the head of a single trust.
That's the ideal Senator from the
Republican point of view.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
Feather i'm His Cap.

Waynesville Courier.
This act on the part on 1udge
Pritchard has been favoraply COM
mented on by the State press. 1t is a
feather in his cap
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14

Just one week from tomorrow the
boro and one week from Thursday
we will know the name of the next
Governor of North Carolina
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14

Mr.. Felix E. Alley retires editor
of the Jackson County Journal to de-
vote his whole time to the practice of
the law. He writes with ability and
power and his withdrawal is to be re-
GREETED. The Journal will be kept up
to it's present high standard by Editors
Picklesimer and Hampton.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14

Who is the richest man in dollars
in North Carolina? The Charlotte
Chronicle says that Mr.. VIM. e. Holt,
of that city, "can show two million
for every one million that any other
man in the State can show
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14

The Vance county Democratic con-
yention did we'll to ring strong and
clear against our easy divorce laws. 1t
was good suggestion to the platform
makers at the State convention.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14
The Stedman and Gil

The Stedman and Glenn claims in
Wake are conflicting. The Glenn men
claim that by the vote in the primary
the delegation to the State conven-
ton must vote five-twelfths of the
vote for Glenn and seven-twelfths for
Stedman. The Glenn men put 1t ~ Is
for Stedman and 5 So for Glenn. The
Stedman men claim 81 delegates to
Glenn'S Z.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14

Senator Simmons, who was here
yesterday, is one among many Dem
ocratS who believes that wise action
by the ST. Louis convention will give
the Democrats a splendid opportun-
ity of electing the next President of
the United States. North Carolina
should send a strong delegation to
the National convention. 1t is almost
certain that Senator Simmons will be
chosen as one of the delegates at
large.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-14

Last week presented dozen new
arguments FOR a ;eg li;zc1 primary. it
ought to apply to all parties, too.