The Grit-advocate., 1905-12-08
PATTERSON FINED
SUPREME COURT FINDS SENATOR
GUILTY OF CONTEMPT.
FINE OF $1,000 IS IMPOSED
Ordered That He Be Committed to Jail
Until Fine 10 Paid-Execution
Stayed to Permit Appeal to United
States Supreme Court.


Until Fine 10 Paid-Execution
Stayed to Permit Appeal to United
States Supreme Court.
Denver-The Supreme Court OF Col
orado on Wednesday adjudged United
States Senator Thomas NJ. Patterson
guilty of contempt of court because OF
the publication of articles in his Den
yer newspapers, the News and Times,
held to be a reflection on the honor
and dignity of the court and imposed
upon him fine OF $1,000.
There were two sessions OF the
court, one in the morning and the
other in the afternoon. That OF the
morning was short-the chief justice
declining to announce the opinion OF
the court on the attorney generals
motion for judgment on the pleadings
in Senator Patterson's absence. The
one In the afternoon had relation
solely to the final judgment Of the
court and Senator Patterson's speech,
telling the court why he should not be
punished for contempt.
In his speech Senator Patterson
said:
80 far as these articles are con.
cerned, l want to say that l never
wrote or published articles in my life
the Justice of which l was more sin
cerely convinced Of"
He attacked the doctrine of con-
structive contempt. saying: Il only
desire to say, further, before l sit
down, that no matter what penalty the
court may infiict, from this time for
ward will devote myself-by consti-
tutional amendment. II necessary, and
by the decisions of the court it has
become necessary-to deprive every
man and every body of men of such
tyrannical power. Of such unjust and
dangerous prerogative, of the ability
to say to publishers of newspapers:
While about everybody else you may
speak the truth, no matter what our
offenses may be. you speak the truth
with the open door Of the Jail staring
you in the face, or the depletion ol
what you may possess in this worlds
goods, and probably of both
At the conclusion Of Senator Patter
sons speech, Chief Justice Gabber,
said: Opinions will be formulated and
filed lated, when the reasons Of the
court for the conclusions announced
will be fully set forth, and until that
time we will not attempt to reply tc
any of the arguments of counsel or OF
the respondent that have been made
during the progress of this case. The
judgment of the court Is that the re
spondent be fined in the sum of $1,000
and costs, and that he stand committed
to the common Jail in the city ant
county of Denver until such fine ant
costs are paid.
From this judgment Mr.. Justice
Steel dissents."
Addressing the court, Mr. Riddell o.
Senator Patterson's counsel said: I'll
your honor please, we desire to excep,
to the Judgment of the court, and tt
announce that we expect to apply fol
a writ of error 10 the Supreme Cour
of the United States, and ask that the
writ of error be made supersedeas.
Se1ator Patterson added: Stain.
8 eDurt that If we fail to receive
s 4ay0sAble Intervention of the Supreme
G6ar4 That OF course the fine will b.
V e VIEW = ltSteiy paid; but the fine will no
II sNntal we are denied the relic
q II flNSeek from the Supreme Court
We5 imply ask that the court vii
VA II III my unnecessary trouble
g the freedom that is neces
: se ~ attsned to my ofticia
yI12hiAgton."-
DIT 2 Justice Gabbert: 81 under
then, Senator Patterson, fron
tatement. that in the event o
rs1Ks enforcement of this judgment b.
commitment, that you will claim you
privilege as senator under the pre-
visions of the constitution of tn
United States?"
Senator Patterson: Yes, sir; sin
ply and solely for the purpose of al
tempting to secure from the Suprem
Court jurisdiction of the proceedings.
The Judges retired for short consu
tation and after their return the chic
Justice asked Senator Patterson hoy
much time he would require in whic
to make an application to the Suprem
Court Of the United States for super
sedeas, The senator replied that h
thought sixty days time enough.
Chief Justice Gabbert: DO l undel
stand you to say that in the event 81
persedeas was denied the judgmen
will be paid without any further col
tention?"
Senator Patterson: "Of course, b,
cause then l am at the end of m
string; it will be paid because 1t wi
have to be; we cannot postpone it an
longer. Yes, will send a check bac
from Washington, if your hone
please"
Chief Justice Gabbert: "Well, ther
is certainly no desire on the part {
the court, Mr.. Patterson, to throw an
obstacle in your way of having thes
proceedings reviewed by the Suprem
Court Of the United States, nor is ther
any disposition on the part of the coul
to prevent you from discharging you
duties as senator, and the execution {
the judgment will be stayed for sixt
days."
Hunters Of Men.