The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03
Leads all North Carolina Daes i'm News and Circulation
PURNELL LFTSANEAR

him for such alleged contempt and
ordered your petitioner into the Gus
tody of the said marshal until SAID nne
and costs were paid, in which custody
your petitioner has been since said
judgment.
And your petitioner claims that the
said judge had no jurisdiction or au-
thority to try him and impose said
sentence in the manner and form
above stated for that.
1st He is advised, believes and al
leges that the power of the United
States Courts to punish for contempt
is now regulated by Section rs of the
Revised Statutes of the United States,
and that, with the exception of the
cases mentioned in said section, the
courts of the United States have no
power to punish for contempt.
End. He is advised and believes and
alleges that the order of said court has
deprived him of his liberty without
due process of law and is violative of
Articles 5 and 4 of the amendments
of the Constitution of the United
States.
3rd That he is likewise advised,
believes and alleges that the order of
said court based upon the causes al
legged violates Article of the amend
mentS of the Constitution of the United
States, which provides that the free
com of the press ought not to and
cannot be abriged.
4th. That the newspaper articles
upon which said rule was based as ap-
pears from the face of said rule were
published in the News and Observer
newspaper on Sunday, May 29th, A.
d, 1904, in Raleigh, n. c., and the or
der of Judge Purnell appointing a re-
ceiver for the Atlantic & North Caro-
lima Railroad Company in the suit in
equity entitled Jno. p. Cuyler, in be-
half of himself and other stockholders
of the Atlantic & North Carolina Rail-
road VS.. the Atlantic & North Carolina
Railroad Company, was made and
filed on the preceding day, to-wit: Sat
urday, the 2Sth day of May, A. D.,
1904, and the said Circuit Court had
at the said time adjourned. and the
comments of your petitioner related to
q matter in said articles already passed
upon as aforesaid.
5th. That your petitioner, as ap-
pears from said rule and the answer
thereto, has not been guilty of any
lnisbehavior in the presence of said
court, or SO near thereto as to obstruct
The administration of justice, and that
he is advised and believes and so al
leges that the meaning and intent, as
we'll as the language, of Section 725 of
the Revised Statutes of the United
States do not embrace and were not
Intended to embrace the facts of this
case.
9Th. That the newspaper articles
upon which said rule was based are
rot libelous and did not bring the said
court into contempt, nor did they tend
so to do, nor We're they written for
said purpose, but as fair and legitimate
comment by the editor of a newspaper
situated at the capital of North Caro-
lima.
Wherefore, to be relieved of said un-
lawful detention and Imprisonment,
your petitioner prays that a writ of
habcas corpus to be directed to the
said Henry c. Dockery, United States
Marshal. may issue in this behalf so
that your petitioner may be forthwith
brought before this court to do, sub
nit to and receive what the law may
require.
JOSEPHUS DANIELS.
United States of Eastern
District of North Carolina-ss.
JOSephuS Daniels being duly sworn,
deposes and says that he is the pc
titioner named in the foregoing petit
tiOn subscribed by him; that he has
read the same and knows the contents
thereof and that the statements there
Iii made are true as he verify believes.
Subscribed and sworn to this the
lst day of June, 1904.