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

course could not be legally taken; Dut
as an act Of Justice to himself against
the charge made in the rule, he not
only disavows, in wrILlng and publish
ing said articles, any intention of com
hitting contempt of the United States
court for the eastern district of North
Carolina, or to impair the respect due
to it's authority, but on the contrary
avows that his sole motive was a pub
lie Journalist to call the matters and
things set forth in said articles to the
attention of the people of North Caro-
lima.
"A. He denies that the said publica-
ton was in the presence of the court
or so near thereto that it was, and is,
calculated and intended to bring the
said court into disrepute, and to de-
stroy the confidence of the people of
the said district in its DEGREES, orders
and judgments and other Writs, or to
destroy its usefulness, and on the con-
trary he alleges that he had no such
intention, in publishing said article,
and this respondent further denies that
the said newspaper articles tended to
obstruct or did obstruct the admins
tration of justice in said court or other
wise, or were so intended to do. AS to
the allegation in said rule in respect to
further publications, the respondent
says that he has no knowledge or in
formation as to what publications are
referred to, and therefore he is unable
to make answer thereto.
''5. And the respondent further say
eth that said articles were not pub
lished during the sitting of said court,
but after the same had adjourned, and
that this case had at the time OF publ
cation OF the aforesaid articles, been
passed upon by the court and a recelV-
er appointed for the Atlantic and North
Carolina Railroad Company, and the
comments of the respondent related to
a matter already passed upon as afore-
said.
"6. He respectfully submits that un-
der article / of the amendments OF the
Constitution of the United States the
freedom of the press ought not to, and
cannot be abridged, and that the SER
vice of this rule upon him for the
causes alleged violates this article.
II. He likewise AYERS that as he is
advised and belleves the service OF
this rule upon HIM for the causes al
legged deprives him of his liberty with
out due process of law, and is vioative
of articles 5 and IA of che amendments
of the Constitution of the United
States.
"S. He is advised and believes. and
therefore alleges, that this honorable
court is without jurisdiction to pass
upon the matters set out in said arti-
Gle, or to punish the respondent on ac-
count of the same, for the reason that
the power of the United States courts
to punish for contempts is now regu-
lated by section rs of the revised stat
utes 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. This
respondent having fully answered,
prays tnat this rule may be discharged
and that he may go hence without day.
~JOSEPHUS DANIELS"
Now, taking the language there
may it please Your Honor it is plan
that the Congress of the United States
by that act intended and said that the
power of the Judges of the United
States Courts should bbe and were
curtailed ythat enactment. me
power to punish contempt, etc,
(quote).
Now that is the misbehavior of a
person, may it please Your Honor
That is a man who cursed in the
ante-room of the Court, and ii was
misbehavioor so as to disturb the
Court. If | were to get two miles
away from this Court and fire can
non shot or if were to interfere with
one of your officers with Marshal
Dockery for instance.
Ina rec country like this we must
give and take This is no kid glove
democracy. Our people love to strike
and be struck back. There is no dis
respect intended for Your Honor 5
Court There is never political canl-
paign bu. what the excitement runs
high. Sometimes ii kills the man who
is a candidate for the Presidency OF
the United States. Sometimes one side
wins and sometimes the other. But
i'm the organization of our government
this IS bound to be 50. The people
rule. Your Honor is a component part
of the people, and SO Is the press
the fourth estate-the silent SentinclS
of liberty. may it please Your Honor.
Human liberty never eliminated an
til there came the free press. They
can have ii nowhere else except in
Tree 4ADieFici. ant no pcIsoH hhoNs IL
better than the Honorable Court that
L am now addressing. Your Honor
will pardon the DEPRESSION.
Now what do the authorities say
with respect to this matter? l read
from Goul & fuckers notes, Revise.
Statutes of the United States, Section
725. He quotes four cases, and
shall have the honor of calling some
of the to Your Honor's attention.
Gould & fuckers Notes on Revised
Statutes of the United States, Vol. III.
p. SO:
Section 725-In re Boone. SO, Fed.
Rep. 944; In re Perkins, 100 ID $50,
952: In re Reese. 107 I'd. 942 945, Elk
Parte Davis, 112 Id. 129. 141. This
Continued on Page Five.)