Arizona republican., 1911-08-10

I e,
swore To a complaint last Monday ev-
ening charging Editor George II.
Clements Of the Daily Globe with Grim
incl libel. a warrant was issued from
the court of Hinson Thomas and
| Clements was arrested and released on
| his own recognizance. The action of
| Mr.. Alfred, says the Daily Arizona Sill
| yer Belt, is based on the following ed
itorial in the evening Globe of August
IA:
The application Of the brokers for
exemption from payment of occupation
taxes was turned down by the city
council. The Daily Globe endorses that
decision but calls attention to the fact
that the city is neglecting a source of
income in not causing the lawyers.
doctors, dentists and other professional
men and newspaper men to pay a like
tax.
Mr. Alfred. it is understood, advises
the council that to tax lawyers would
not be legal. We are inclined to ques-
ton the disinterestedness of this ad-
vice. one lawyer To whom the matter
was suggested said that if the tax be
made high enough say 800 per quar-
ter. he will gladly pay ii. He thinks
there are too many lawyers. and that
the elimination of few would help
his business. He is a believer in the
doctrine of the survival of the fittest.'
The editor says the above editorial
two paragraphs were originally written
as one, but became separated by the
compositor and in the hurry of pub
fishing an afternoon newspaper the
mistake was overlooked
Mr. Alfred thinks the public general
~ understood the article as an asper-
sion upon his integrity as an attorney
and public officer and says he intends
TO force the case until his honor has
been cleared in the public understand
ing.
The complaint was filed late yester-
day afternoon, making it impossible for
the representatives of this newspaper
to interview a majority of the members
of the legal profession. Ten Were
| asked however if they thought the ed
itorial Of Mr. Clements was criminally
| libellous. They were unanimous in
their belief that it was not.
Judge Hinson Thomas set the hear
ing of Mr.. Clements for this forenoon.
The complaint filed by Mr. Alfred is
as follows:
In Justice Court. Globe Precinct, ella
County. Arizona:
no III nj
George H Clements. Defendant:
Criminal Complaint.
Territory of Arizona, County of ella. SIS
Personally appeared before me. the
undersigned justice of the peace in and
for the precinct county and territory
aforesaid. Neil NJ Alfred, who being
first duly sworn. deposes and says:
That he is a citizen and resident Of
Globe. ella county. Arizona. and since
the 1st day Of June, 1908, continuously
to this date, and now. he has been and
is the duly elected. acting and qualified
city attorney of Globe, a municipal cor
pOratiOn in said corporation and pre-
cinct: that among other things il is and
has been his duty during his incumben-
cy in said office to advise the mayor
and city council of said city and other
officers thereof. with reference to mat
ters OF law pertaining to the discharge
of the duties of such officers. and with
reference to matters of law affecting
said city in any manner: that during
such time and now affiant has Feen and
is a practicing attorney at the bar of
the supreme court Of Arizona. practic-
ing his profession in the said city of
Globe; that the defendant. on the 4th
day of August. 1911, was the editor of
such editor did maliciously write an
a newspaper published in said city,
county and precinct. named and known
as the Daily Globe; that on said 4th
day of August, 1911, said defendant, as
editorial. and did maliciously cause the
same to be printed and published in
said newspaper. containing the follow
ing malicious defamation of affiant in
his capacity as such city attorney
aforesaid. and being in the words and
figures, that is to say: MIR. Alfred
meaning the affianD, it is understood.
advises Cmeaning the common council
OF said city. as aforesaid) the council
(meaning the common council of said
city, that to tax lawyers would not be |
legal We are inclined To question
the disinterestedness of this advise"
meaning thereby to charge affiant, and
to impute to affiant. the giving of false
advice in his capacity as city attorney |
of said city council, for the purpose
and with the motive of escaping the |
appointment of a lawyers license tax
as a lawyer for practicing his profess |
sion in said city,. which malicious de-
by printing published in said
as aforesaid on the day
aforesaid. by the defendant as afore-
said. tends to impeach the honesty, in
tegrity, virtue and reputation of affi-
ant in his capacity as a lawyer, as
aforesaid, and as city attorney, as
aforesaid, i'm the conduct of his said
office and to impute to him the giving |
of advice in his official capacity and |
to the said common council of said |
city. not i'm accordance with law, and |
contrary to his duty aforesaid, from
the unlawful motive of avoiding by
such false advice the payment of a Ii |
cense tax levied or intended to be lev
led, by said city upon him in his ca
pacity as a lawyer. thereby tending to
expose him to public hatred. contempt, |
and ridicule, contrary to the statutes
in such case made and provided. and |