Omaha daily bee., 1908-12-24

Gus secretaries as heretofore specified
against Gompers and Morrison and with full
knowledge OF their contents. counselling
their distribution and with the same pur-
pose and intent
The court also referred TO the presence Of
Mitchell in the chair on January Is, 1905,
at the annual convention Of the United
Mine Workers OF America. when aresolution
was adopted placing the Bucks stove and
Range company on the unfair list.
Continuing as to all three Of the defend
ants, the court said:
"In defense of the charges now at bar,
neither apology nor e~xtenuation 10 deemed
ut to be embraeedi no claim of unment
contumacy Is heard; persisting in contemp-
tuous violation Of the order mo defense is
offered these: That the injunction u) an
fringed the constitutional guaranty Of free
dom OF the press, and tD i~nfrlnged the CON
stitutionality guaranty OF freedom, Of
speech
These defenses do not fill the measure
Of the case; the injunction was designed TO
stay the general conspiracy Of which the
publication Of the unfair and We Don't
Patronize' list were but Incidents; the in
junction Interferes with no legitimate right
OF criticism or comment that law has ever
sanctioned and the respondents intimation
that II does so is a mockery and pretense.''
Freedom of the Press.
In reference to the freedom Of the press
the court declares that the constitution no.
where conferred the right to speak, tc
print or to publish. 1T guarantees" said
he, only that In so far as the federal
government is concerned its congress shall
not abridge it and leaves the subject to
A. -,.g - -
II belongs, Who can be persuaded asked
the court, continuing. that the penallzine
OF false and malicious libels upon the in.
tegrity Of honorable men, or ISLANDERS upor
the virtue of chaste women, is an outrage
upon the constitutional rights of the vii.
lifier7''
The court inquired II those Of thought.
full and sincere reflections escape the un.
harmonization claimed for a right Of utter
license in speech and press and the pun,
ishment by law Of libels and the mulctinl
of ISLANDERS. No right" the court added
Ito publish either the libel or the slandel
can be sustained, except upon the theory
of a right to do wrong"
The court declared thai an elaboration
Of his argument with respect to the free
dom of the press would usually be quit,
dbA0Oaablo W my tSAlt JCNg b0 6dAh
these suggestions sound the hollowness o
the defense and to essay more might savo
Of an inquiry into the correctness OF tn,
injunction ordered by Mr.. Justice Gould
a duty already taken UP and discharges
by ADLER hands than mime
vital Questions Involved.
In dismissing from further consideration
the contention that the injunction invade,
the right of free speech and Of the press
the court held:
THE position Of the respondents involve
questions vital to the preservation of socia
order, questions which smite the founda
lions Of civil government, and upon whicl
the supremacy Of the law over anarch,
barely depend are controversies to be de
termined in tribunals formally constitute
by the law of the, land for that purpose
Of shall each who falls at odds with an
other, take his own furious way? Mar
causes pending In courts to be decided b
courts for litigants; or the view OF eac
distempered litigant imposed upon tn
court?" 5Nhi
Obedience to Law,
"Are DEGREES of courts to look for thei
execution to the supremacy of law o
tumble in the wake. of unsuccessful sutton
who overstep Them and lay about tn
matter with their own hands. in turbu
lence proportioned to the frenzy of thei
disappointment2"-,a -r,-
In the opinion 81 the court. even when