The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1908-09-24

Hale of Maine, Morrill, of Vermont,
Cullom of Illinois. Sherman of Ohio,
Hawley of Connecticut, and others as
having favored the measure in the SEN
ate. and he again demanded that Mr..
Taft apologize to these big Republi-
cans for slandering them as he SLAM
dered them In this matter"
Discussing the question. Mr.. Bryan
said in part:
Plea for jury Trial.
I'VE say that there ought to be a
jury trial, and the Republicans say that
there ought not to be. This is a clear
issue between us. and, my friends, /
want TO give you briefly our reasons,
so that If you are called upon to de-
fend your position on this subject, if
your position is our position, and our
position is your position, l want to
give few arguments. so that you will
be prepared 10 defend them. Now,
there is this difference between direct
contempt and indirect contempt In
the case of direct contempt the con-
tempt complained of or alleged is COM
mitted in the presence of the court.
He does not have to examine wit
nesses; he is an eyewitness; he de-
cides the question pending on his own
knowledge. But in the case of indirect
contempt that is where the act COM
planned of was committed outside of
the presence of the court, and where it
must be established by evidence.
Indirect Contempt.
Now we are not complaining of the
case of the direct contempt. but we in
sist that as this indirect contempt involves
a prosecution. which is in its nature a
criminal prosecution. with a punishment
mn rlC nT hot ha
man accused shall have the protection of
trial by jury to ascertain whether he is
guilty or not But some of you may not
know how strong your position on this
many people imagine. 1t is not only i'm
portant TO have a trial by jury in such
acts. because it is in the nature of q
prosecution. The judge in a Grim
dence and tries the case, and gives his
decision. and decides legal points. and has
no personal interest as to the result of the
suit; but in the case Of indirect con-
tempt. the judge gives the order.
THAT Is. he makes the law in the cases
and he is prosecuting attorney and he is
the judge. and the man would have to be
more than human to be the lawmaker.
prosecutor, judge and do all of il well and
fairly and impartially. II there is any
place where a man is entitled TO a trial
by jury it is in the case of indirect con-
tempt.
The Denver Platform.
THE Democratic party in this campaign
has earned the support of these laboring
men whose pleas for ten years have been
unheeded by the Republican leaders,
whose plea at the Chicago convention
was unheard, but whose demand was ac-
cepted and endorsed at Denver, and is
by the Democrats in this cam
paign.
My coming here was not to prove to
you my confidence in your intelligence
and in your fidelity. Very few men in
this country have travelled more miles
than / have. | have slept on the trains
night after night for many years. and
have had such confidence in the intel
ligence of the men who were managing
their train that l have slept on with as
little sense of danger | have slept at
home. As one of the travelling public 1
have been interested In having conditions
such that these men who hold our lives
In their hands shall not be compelled
to work overtime, for if they do we are
in danger as well as they. We are IN
terested in their having, not only ,easOn-
able hours, but reasonable compensation.
for only by giving reasonable compensa-
ton can the railroads command the in
telligence which is necessary for the dis
charge of the duties of your position,
and as one who travels. as well as one
who is in politics, L am interested in
seeing that justice is done to the rail-
road men,
Mr.. Bryan will leave here at LIS
o'clock in the morning for Cincinnati
stopping en- route at Springfield and Day
ton.