Morning appeal. [volume] (Carson City, Nev.) 1877-1906, 1905-10-04
ALFRED cHARTZ EXPLAINS.
The Attorney Gives His Views Of the
Contempt Proceedings.

having cited me TO appear to answer
charge of contempt on November
10th, leaving me under cloud before
my clients, fellow citizens and the sew
eral courts before which l practice,
for such long time, / am forced to |
the public forum to announce my de-
Tense
The language / used in my brief is
- -~..temptuous, and was not in
tended to be. l copied after the lang |
uage used by Justice Edgar NJ Cullen
of New York, one of the ablest jur-
lists in the United States, in the case
of the People of the State of New
York, ex rel, Harry Cossey, as fol-
lows.
Il fear that the many outrages of
labor organizations or of some OF
their members have not only excited
just indignation, but at times have
frightened courts into plain legal in
consistencies and into the enunciation
of doctrines which, if asserted in liti-
cations arising under any other sub
ject than labor legislation, would meet
scant courtesy or consideration.
Such fallacies would never gain cur
rency save in labor litigation"
The contemptuous language | am
charged with having used is as fol-
lows
in my opinion, the decisions IA
voring the power of the State to linn
it the hours of labor, on the ground
of the police power of the State, are
all wrong, and written by men who
have never performed manual labor,
or by politicians and for politics. They
do not know what they wrote about"
Judge Cullen states things as facts,
and | simply state my opinion, and
he has no saving clause to the effect
that they did not know what they
were writing about He was not pro-
/ voked as | was.
! / had listened to the arguments of
Mr.. Murphy, general attorney of the
! Western Federation of Labor of Hon.
| H. F. Bartine, the champion of the
/ Eight Hour Law, and of James G..
/ Sweeney, the Attorney General, whose
duty it was to uphold the law if he
conceived it to be constitutional Nine
ty per cent of their argument was po-
/ litical and ten per cent legal. Judge
Belknap had been defeated of renomi-
nation by Senator Newlands, who
controlled the conventions of the
dominant party in power, and who had
publicly announced that the people
must elect a man to the Supreme
panC1, ,-bn foxnrad 1ax, la1
been publicly called a traitor to I'M
ionism on the streets, and an enemy
of labor. l had been reproached by
old friends in Virginia City. amongst
whom | had labored for many years.
A constant threat stood over the court
of political death if they decided the
Eight Hour Law unconstitutional. l
was representing few men who have
interests in the reduction of ores and
the mining of ores that have exceed
ingly small margin of profit. There
| was. 1t became absolutely neces-
sary,o in my opinion, to neutralize
these powerful influences and attempt
to float the judicial ship on an even
keel. | made that attempt for my
client, and for no sinister motive, and
if | overstepped the bounds Of pro-
priety, under my oath as an attorney
) publicly apologize for it, but no
more readily than l would to the
lowliest of men.
| do not believe I am in contempt
nearly as much as are those who CON
: stantly reminded the court of politi
cal conditions.
| may be wrong about contempt o.
court by attorneys, but my opinion i:
, mat the real contemnors are those
Nho pay their respects every time
they come to town, and who flatter-
the flatterers and sycophants. If up
4 on the bench, l would consider it
high compliment to have an at,r-ne,
abuse me. and yet fearlessly lay down
his contentious before me for my de
cision. | would consider II con
tempt to be flattered and compliment
ed, and would consider it an attemp
to obtain favors whereby | might rol
Peter TO pay Paul.
AS to my position in the ranks o
union labor | challenge any one t,
show better record | have lahore,
under union rules since 1871. In 1877
/ took possession of the Eureka Re
publican, then rat paper, and pu
it on union scale Of wages at m,
personal cost, and did so without SO
ioitation. | joined Washoe Typo
graphical Uuion No. IS, in 1883, AM
am now an honorary member of it.
published the Virginia Report wit
II d. L. Brown for six months, and
paid union wages, and during tina
time we did not have dollar to dra,
Il down for ourselves. | was a mem
II Der of the Virginia City Mechanic!
i Union for many years, and was
vice-president, and as such on tn
Executive Committee, and it was GU
Il pleasant duty to bring in those VIII
did not belong, or prevent their worl
III ing | used the best tact and juds
ment | could, and never had any tro,