The Washington times., 1907-02-28
Celebrated Case Against the
State of Colorado Comes
Up This Week.
Appealed From $1,000 SEN
tenCe for Cartooning
State Judiciary.
Senator Has Brilliant Array
of Attorneys to Make
Fight for Him.

The celebrated case of Senator
Thomas NJ. Patterson of Colorado
against the people Of the State of Colo
RADIO will be submitted TO the Supreme
Court OF the United States this week.
This is the case in which Senator Pat
terson was fined s.. 600 and costs and
was ordered committed TO the county
jail in Denver until the fine and costs
were paid, because he was alleged to
have been responsible for articles and a
cartoon published in the Rocky Noun
tain News ana the Denver Times re-
necting on the supreme court Of Colo
RADIO.
The supreme court of Colorado deter
mined the articles were contemptuous
and took proceedings accordingly
against Senator Patterson. He was held
to be in contempt OF the court and
fine of the sum named imposed. He has
appealed the case to the Supreme Court
and has an imposing array of counsel
10 make the fight in his behalf
In many respects the case is a re-
markable one. 1t is certain to attract
wide notice because of the fact that a
United States Senator appears as plain
tiff in error before the United States
Supreme Court. one OF his attorneys is
the venerable Henry NJ. Teller. Senator
from Colorado and the colleague Of
Senator Patterson With Mr. Teller
are associated some of the ablest law
yers in Colorado
Basis for APP zeal.
The case goes to the Supreme Court OF
the United States on the ground that
Senator Patterson has been unduly de-
prived of his property and liberty with
out due process of, law. The fourteenth
amendment 10 the Constitution prohib-
its the State from deprivin6 any person
of life. liberty. or property without due
process of law. just as the nth amend
ment to the Constitution prohibits the
Federal Government from depriving an
individual of life, liberty, or property
It is contendcd this is a case wherein
the Federal Government, through the
Supreme Court. should tnterpOSe and
prevent the State government from an
unwarranted act OF arbitrary power
Senator Patterson got into the con-
tToversy with the court because of pub
hcatiOns and a cartoon in his papers
that reflected sharply on the court lie
did not hesitate to say he was fully
responsible for the utterances Of his pa
pers. He declares the liberty OF the
press and the right of free speech are
involved in the case.
Denied Chance TO Prove Case.
He contends that his criticisms OF the
court were justified by the facts and
that he was warranted in making the
assertions he did concerning the SUI
preme court OF Colorado. The con-
tempt alleged by the court, according
to Senator PattersOn's view of IL. was
based on an alleged llbel. and under
the laws of the State of Colorado if he
could establish the truth Of the state
ments concerning which libel was al
legged, this was q defense.
But Senator Patterson was not al
lowed by the Colorado court to intro
duce evidence to establish the truth OF
the articles complained OF. In his brief
70 the United States Supreme Court he
ayers he was deprived of this right tC
introduce such evidence, and that after
the court denied him this right II en-
tered judgment against him.