The Elbert County tribune., 1905-12-07
PATTERSON FINED
SUPREME COURT FINDS SENATOR
GUILTY OF CONTEMPT.
FINE OF 900 is IMPOSED
Ordered That He Be Committed to Jail
Until Fine Is Paid-Execution
Stayed to Permit Appeal to United
States Supreme Court.


States Supreme Court
Denver.-The Supreme Court of Col
orado on Wednesday adiudged United
States Senator Thomas NJ Patterson
guilty of contempt of court because OF
the publication of articles in his Dem
yer newspapers, the News and Times,
held to be a reflection on the honor
and dignity of the court and imposed
upon him a fine of 81 900.
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:
so far as these articles are con-
wrote or published articles in my life
the justice of which was more sin
cerely convinced Of
\ He attacked the doctrine of con-
structive contempt, saying: 81 only
desire to say, further, before | sit
down, that no matter what penalty the
court may infict, from this time for
ward 1 will devote myself-by consti-
tutional amendment, if necessary, and
by the decisions of the court it has
become necessary-to deprive every
i g u,
( 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 of
what you may possess in this worlds
goods, and probably OF BOTH "
At the conclusion of Senator Patter-
sons speech, Chief Justice Gabbert
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 to
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-
spondenU be fined in the sum of 81 900
and costs, and. that he stand committed
to the common Jail in the city and
county of Denver until such fine and
costs are paid.
From this judgment Mr.. Justice
Steel dissents.
Addressing the court, Mr.. Riddell OF
Senator Patterson's counsel said: If
your honor please, we desire to except
to the judgment of the court, and to
Announce that we expect to apply for
a writ of error to the Supreme Court
of the United States, and ask that the
writ of error be made supersedeas."
Senator Patterson added: Stating
to the court that if we fail to receive a
favorable intervention of the Supreme
Court, that of course the fine will be
Immediately paid; but the fine will not
be paid until we are denied the relief
we will seek from the Supreme Court:
a-.d we simply ask that the court will
not put us to any unnecessary trouble
to acquire the freedom that is neces-
sary for me to attened to my official
duties in Washington"
Chief Justice Gabbert: 81 under
stand, then, Senator Patterson from
your statement, that i'll the event of
the enforcement of this Judgment by
privilege as a senator under the pro
visions of the constitution of the
United States?"
Senator Patterson: Yes sir: sim
ply and solely for the purpose of at
tempting to secure from the Supreme
Court jurisdiction of the proceedings"
The judges retired for short consul
tation and after their return the chief
justice asked Senator Patterson how
much time he would require in which
to make an application to the Supreme
Court of the United States for super
sedeas The senator replied that he
thought sixty days time enough.
Chief Justice Gabbert: do / under
stand you to say that in the event a su-
persedeas was denied the Judgment
will be raid without any further CON
tention?"
Senator Patterson: "Of course. be-
cause then | am at the end of my
string; it will be paid because it will
have 10 be; we cannot postpone it any
longer. Yes, | will send a check back
from Washington, if your honor
please"
Chief Justice Gabbert: We'll. there
is certainly no desire on the part of
the court, MIR. Patterson. to throw any
obstacle in your way of having these
proceedings reviewed by the Supreme
Court of the United States. nor is there
any disposition on the part of the court
to prevent you from discharging yonr
duties as senator, and the execution of
the Judgment will be stayed for sixty
days.