The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-07-14

IN the meantime Judge Lewis. who
last week adjudged The Herald Repub-
lican Publishing company, George r.
Hale. general manager. Arthur j.
Brown. managing editor; Paul Arm
strong. acting city editor and Carl r.
Williams. reporter. guilty Of contempt
Of court, was commanded by the Su-
preme court of the state yesterday TO
desist from further proceedings in the
matter pending a review of the case
to be made by the Supreme court
The order came through a writ OF
certiOrari signed by Chief Justice ID.
y. Straup. in which Judge Lewis is in
structed to return to the Supreme
court a complete transcript Of the rec
ord and proceedings OF the contempt
case September /. 50 that the Supreme
court may determine whether or not
Judge Lewis exceeded his jurisdiction
in imposing fines aggregating $500 on
The Herald Republican Publishing com
pany and the four employees and jail
sentence Of 30 days imposed on the
general manager of the paper.
constitutional Rights.
Another point on which the Supreme
court Will pass Is whether or not Judge
Lewis violated the constitutional rights
of The neutrality-suspicious. and the in
dtviduals, and. in the third point. the
Supreme court will pass on the ques-
ton OF whether the court had lawful
authority TO adiudge the corporation
and the individuals guilty OF contempt
OF court and impose the fines and SEN
fences which were pronounced by
Judge Lewis last Friday.
The writ OF certiorari or review was
granted on a petition and affidavit pre-
sented to the Supreme court by The
Herald Republican Publishing com
| pany and the four individuals. in which
| IL is set forth that at the hearing be-
/ fore Judge Lewis the court introduced
| no evidence TO support the charge OF
contempt and the matter was heard
and determined solely on the affidavits
attorney
This petition presented TO the SUI
prems court yesterday covers many
points OF law IN tie review OF the case.
One statement made by the appellants
is that the sentences were given BY
Judge Lewis without legal authority. In
the second place. the affidavits on
which the case was solely based by
Judge Lewis did rot set forth facts
sufficient to constitute contempt OF
court. and. therefore. it is contended
that the court exceeded it's jurisdiction
In making the citation because no con-
tempt OF court had been shown.
The affidavit further states that in
asmuch as the answers filed by the
corporation and the individuals denied
the allegations made in the affidavits.
the court exceeded it's jurisdiction in
pronouncing sentence without further
proof or evidence in the case.
on the question OF constitutional
rights. the answer states that under
the constitution OF the United States
aud the constitution Of the state OF
Utah and the laws OF the
state. The Herald Republican had
right to publish the articles
I'm question, and. further. that
the publication Of the confession Of
Harry Thorue was not an unlawful in
reference with the. proceedings Of the
court
No order or Request Made.
The attention OF the Supreme court
is called to the fact that no order was
made by Judge Lewis either request
ing attempting to prohibit any pub
lication whateve- concerning the facts
or proceedings in the Thorne or Riley
/ cases and no request was made by
Judge Lewis that such matters could
not be published.
The contempt proceedings were
brought by Judge Lewis against The
pany for publishing. June Il. the con-
| fession Of Harry ThOrne to the murder
| Of George W Fassell and against The
I Herald Republican, Publishing COM
/ pany George = Hale. general mana
ger: Arthur J. Brown. managing edi-
| tor. Paul Armstrong. acting city edi-
I tor and Carl r. Williams. reporter. for
publishing the confession on June %,
the affidavit OF the district attorney
asserting that such publications inter-
| fered with the getting OF 1uries 20 try
ThOrne and Riley. Whl were convicted
/ OF murder in the first degree.
The corporation was fined 5000 in
each case and In the second case
/ George r. Hale was fined 5000 and SEN
fenced to serve 30 days in the county
| Jail: all OF these penalties being the
/ extreme limit allowed by law. Arthur
/ ]. Brown. Paul Armstrong and Carl X
/ Williams were fined SO each. The
| execution Of these sentences is. by the
! the writ granted yesterday. postponed
/ until after the case is reviewed by the
/ Supreme court.
] -