The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1908-05-03


day morning the contempt proceed.
ings against Judge } l. Sweat OF Way
cross were taken up.
Judge Sweat was not present pee
sonally or by attorney but submitt
an answer 10 the rule praying tha
same be dismissed The courts hows
ever. refused to grant the request and
instead, in very strong and length 4
opinion. certified the entire matter Y
Judge Emory 5peer ct the Uni'ed
States district court, which practically.
holds Judge Sweat as for contempt
Judge Sweats answer to the con-
tempt rule OF Judge Isaac is as fol
lows;
Now comes L. Sweat, RESPONDENT
10 above stated rule and shows:
First. That the statements CONF
planned of We're not made and publish
ed Of and concerning any Court or
judicial Omcer. cr o herwise, SO as to
Interrupt or interfere with such Court
or officer II amy judicial pfooea ding,
nor were said statements made and
published pending he h2arins or CON
Isidera,ion of the matter of taking and
ropcctlna the evidence in the ease Of
the FIaWinsyille Bank & Trust Co,
| ct. al. VS. W j. Smith, Patition for
( Involuntary Bankruptcy. before said
I Mas Isaac. L. S. Referee, acting as
| Master therein, but after the same
had been published and therefore,
lor each and ali the reasons aforesaid
the making and publication Of said
statements does not constitute such
contempt of court as is sufficient to
authorize and subject respondent to
be dealt with as for contempt and
hence, the said rule should be dis
missed
Second Because the statements
complained of as made and published
do not contain such matter as consti
flutes contempt Of court and for said
reason said rule should be dismissed
Third Further answering in Tits
. bchaiT. Respondent says that he ad.
mits making the statements com
/ planned Ct and as published and .here
fore the attendance Of Witnesses at
an expense and cost to prove same
is unnecessary, and respondent htm-
sell shall not be able to attend in
person
Fourth Respondent further saws
that it having been the general talk
among members of the bar as we'll as
others, that in some instances par.
/ tias were unjustly forced into bank
rupgcy and that in most cases within
this immediate jurisdiction thai the
estates of bankrupts were usuaily
consumed in costs and expenses so
anything in payment upon their claims
and that therefore it was better for
all parties concerned to keep out of
the Bankrupt Court and having in
mind statement made bg a cGlebfa-
ted. upright and just Judge Of The Fed
eral Court, in a case somewhat simi-
lar TO that of w. ]. Smith. where, not
vi hstanding The solyency Of the pag-
ties was ci aarly shewn the e. s Re-
feree acting in that case, had never
tholess found in favor OF adiudicatine
/ the parties as banluupts and their es
'ates subiec to be administered, aud
I when the opinion Of another y. S. Re.
/ fierce had been cited in support there
| o. said Judge remarked that with
F, said officers il seemed to be: no
bankruptcy, no fees, and hence when
reapondent's attention was called Dy
The newspaper reporter in Wagcross
70 th findings in the case OF w. J..
Smith. as made and published in RE
press and asked what If anything he
had TO say about same, he therenron
made the statements as published
and complain1d Of and in line with
the fore going sentiments. and with
he hope that the evils referred 10
might be corrected.
Fifth. And respondent further says
that not wishing any act of his to in
any wise pr iudice tbe rights Of his
cient. he hereby witbdraws the state.
ment7 as made and published and
complained Of
All Of which is respectfully submit
Ted
y. [. Sweat,
Attorney at Law fer W J. Smith.
Referees Decision.