The Detroit times. [volume] (Detroit, Mich.) 1903-1920, 1908-12-26
DECISION AGAINST
LABOR WILL NOT
be UF HELD
-supeE ALTON n. PARKER.
COURTS HAVE HELD THAT CON-
sTITuTIoN PROHIBITS CENSOR.
SHIP OF PREss-eoMPERs Ed.
ToRIAl NO VIOLATION OF LAW.

NEW YORK. Dec. 26.-Alton b
Parker. former judge OF the New
York state court OF appeals. who was
20 have made the argument In the
federal court In Washington. where
samuel Gompers. John Mitchell art
Frank Morrison were sentenced &c
Jail for, contempt OF court. has issued
q statement In which he warmly
champions. the cause OF tae three la
Dor leaders. He upholds their action
as being within their rights as citiz
ems, and takes issue with tno decision
sending them to prison.
The former Judge also tells why he
was not present TO make the argu'
ment- In the case, as had been ex
pected. and expresses confidence that
when the case Is heard on appeal the
higher court will sustain the labor
leaders in the right Of free speech.
The statement reads:
TT Is true that l did take part
IN the argument Of the contempt pro-
ceediugs before Mr.. Justice Wright.
was prepared to do so. however. and
the Washington attorneys. Ralston &
9iddons, tried to urge the Justice TO
delay the hearing for a day or two
until I should argue two cases In our
court Of appeals. long before set for
that day. The application was re-
fused, and thus I was prevented from
presenting orally my views.
The decision OF Mr.. Justice Wright
does not end the opportunity for tu-
dloial review, however, and a further
hearing In court will be had. in the
confident belief of counsel that the
speaking and writing which Justice
Wright holds constitutes contempt
LOT court cannot be prevented either
BY statute or judicial decree.
The constitution OF every state
provides In effect that every citizen
fmay freely speak, write and publish
his sentiments on all subjects. being
|responsibls for the abuse of that
wight, and no law shall bs passed to
'rsstrain or abricge the liberty OF
vpeech or Of the press.
TN fear that the federal govern
ment might attempt to control pub
lie speech and the press the first
amendment to the federal constitu-
ton provided that congress shall pass
no law abriding the freedom OF
speech or of the press
In q number OF instances attempts
have been made to invoke the aid or
the courts to restrain the publica-
ton OF cartoons or written matter
claimed to be libelous, bu: the courts
have ever held that the constitution
prohibits any censorship over the
press, either by the executive, the
legislative. or the judioial depart
ment OF government.
TO the natural inquiry. is the gov.
eminent powerless to prevent iibels
and ISLANDERS which cannot be COM
ponsated In money damagesr the in
Qutryi and answer of the court In Life
Association OF America VS. Boogher,'
3 No. App, 173. states that the rule
az y is expressed by the courts gen.
orally In the country whenever they
have been called upon to rass upon
it.~
eff II he said that the right to
speak. write or print thus secured to
epery one cannot be construed to
mean license to wanton'y injure an
other. and that by the Jurisdiction
claimed 1t 10 only suspended until 1t
can be determined judically wheth.
er the exercise Of 1t In the particular
case can be allowable, oui answer Is
that we have no power to suspend