Richmond planet. [volume] (Richmond, Va.) 1883-1938, 1906-01-13
JUDGE SPEER IN GEOR
GIA.
CONTINUED FROM FIRST PAGE.

CONTINUED FROM FIRST PAGE.
great is the usefulness of these
courts In our national economy that
this gigantic power has been entrust
ed by that congress to the judges to
maintain the authority, effectiveness
and sanction Of their judgments and
DEGREES. We are told by the poet
1T is excellent
To have n giants strength: but Il IS
tyrannous
To use II like a giant"
1T is in harmony with the truth
of this sentiment that I have been
impressed by the argument OF the
respondents counsel that the court
while in its judicial capacity has
been offended by the action OF one
or it's councillors. viii be slow to
ascribe to It such criminallty as viii
demand the imposition OF a nne or
imprisonment. In no event coulr
either alternative OF tho penalty b.
light. il is conceded by counsel d..
both sides that the conduct OF the
respondents here. and particularly
than OF the principal respondent is
either not contempt at all or is a
grave ana serious contempt. This
must De true, for OF that respondent
10 may be said that he is an officer
of the court, as preliminary TO his
admission 20 practice at this bar
where he earns a large part OF his
livelihood, he was solemnly sworn
60 support the constitution and laws
OF the United States. This obvious
ly includes obedience and respect to
the orders, DEGREES and judgments
of the United States courts.
INDEPENDENCE OF THE BAR.
Much has been said by the re-
spondcnts' counsel about the indie
peudence OF the bar. and no Judge
has or viii go further IN the proner
OF such independence. |
lt is, however, not difficult 70 distln-
guish between proper independence
and license, disObedience or disre-
spect- The former elevates the
counsellor and court as well. the
latter would drag down the judiciary
and with Il the bar. who, when pro-
per relations are observed, are its
chief ornament and support. BE-
sides such Independence seems best
when exerted in favor OF
liberty, the downtrodden and op-
and seems scarcely worthy
OF the noblest traditions OF our no
bic profession when IL IS exerted not
In favor OF liberty, but at the mid
night hour 20 drag TO the vllest pun
isnment a poor and helpless man
whose onense was simple drunken
ness, who had been arrested without
warrant, tried without process and
Imprisoned In chains without juig-
ment 10 many months OF involuntary
servitude, not for crime. but merely
Tor mlsbehavior, punishment
which 20 the majority Of men death
itself would seem preferable.
The grave and momcntous char
acter Of the charge. a lively sense Of
my obligations TO thar great judicial
system OF which ! am a member and
TO the authority of the national laws
coupled with an appreciation equally
lively OF what the determination
here must import, not only 10 that
respondent at present. but, perhaps.
to his future at this bar and else
where, obliges the most careful So
licitude for examination and decis-
ion OF the issues before the court.
In other words, the court requires
time for consideration. but will
make decision at a day as early
as our other pressing engagements
will permit"
JAMESON HEARING POSTPONED.
The hearing on the second writ Of
habeas corpus for Henry Jamison In
the federal court was postponed to-
day. When the case was up Judge
Speer said ne desired the benefit OF
the decision Of the state supreme
court In the Rufus Pearson case,
which Is to be heard January Is.
This writ was issued after Jamison
had appealed to Judge FELTON, and
was remanded TO the chain gang.
Parsons case must go 20 the state
supreme court so that a full test Of
all procedure might be had.
The motion to make the reversal
Of Judge Speer in the United States
supreme court the order Of the low
er court was allowed today, and this
the procedure which
caused the contempt cases.