davidaulloa/AmericanStories huggingface dataset:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17
FREEDOM OF THE PRESS
MEANS NO CENSORSHIP

abolition of the censorship" We be-
lieve it would have been a shock TO
the founders of our government and
the makers of our Constitution if Il
had been pointed out to them that
under the Constitution which they had
drafted this forbidden censorship of
the press could in effect be revived by a
simple act of the chief executive per-
formed in the ostensible exercise Of
the power 10 grant psrdons.
Nothing that we have said herein is
intended to cast any reflection BY in
nuendo or otherwise upon the good
motives of the Chief Executive of the
United States, but we respectfully urge
that the situation is one which calls
for direct words frankly spoken. II is
no answer TO these arguments 70 sug-
gest that the executive branch could
be trusted not 20 use the pardoning
power in such instances for purposes
that would be unreasonable or oppres-
sive. That is not the theory upon
which free institutions were built or
by the application of which they can
be preserved We respectfully but
firmly urge that while this case can be
and should be disposed Of adversely TO
the contention made on behalf of the
government upon the grounds urged In
our main brief, nevertheless the add
tionsl considerations which we now
present are pertinent. The case in
wolves the question whether newspaper
editors may be terrorized by fear OF
being called before the grand jury and
compelled 20 give the sources of in
formation received By them about the
acts Of officials which has not been
vised by the head Of the department.
The result Of sustaining the 0eciSio .
OF the court beioU tcouId be 10 furnish
The executive officers Of the OOUcrH-
meat Nth the 1aquisiiortal and punt
tire pOCerS of criminal court for IN
forcing their Otcn regulations relative
10 0iDinO Information 10 the public
about their oion acts. Such decision
we belieye would have fsrresching
and. unless yemedied, disastrous eff
fects. Furthermore, II is difficult to
see in what manner the situation could
be remedied. Congress would have no
power TO impose limits upon the eX-
ercise of the pardoning power and it
is doubtful whether anything short OF
an amendment 10 the Constitution
would be effective TO prevent the es-
Enlistment OF a bureaucratic censor
shin similar TO that maintained in the
undemocratic governments OF the Old
World.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17
COOK GETS KISS
FOR EVERY DISH
Wife Accuses DR.. Hammil
of Running to Kitchen
Between Courses.

II DR.. John D. Hammil had not left
the table between courses at dinner on
Thanksgiving Day and gone, as his
wife charges, 10 the kitchen TO embrace
the servant, probably he would not be
the defendant in a divorce suit to-day.
Ihere Is no rancor o. evidence OF
desire for satisfaction in the suit
for divorce flied yesterday in the Su-
preme Court by Mrs. Nellie Hammil
against DR.. Hammil. an eye. ear and
nose specialist, with a sanatorium al
80 West 18th 81. Instead, the COM
planning wife expresses a deep feeling
OF regret for her husband, whose
downfall she says in her affidavit
asking for allmony. vas due 10 TOO
much money"
The couple were married in 1902 and
have a daughter nine years old, who
is living with Mrs. Hammil at l76 West
18th 81. The Hammils have had marital
troubles before. but they did not get
into court. They separated in 1909
under an agreement. There was
reconciliation in 1910.
Il was the Thanksgiving Day episode
that led 70 the present action for d.
vorce. although the maid whom Mrs.
Hammil says her husband kissed is not
responsible for the suit After each
course, the wife declares. DR.. Hammil
left the table and went into the kitch-
en-. and when she investigated she
found the doctor embracing the maid.
Mrs. Hamm!l did not think the ac-
tion OF her husband was his way Of
showing appreciation for good
Thanksgiving dinner. She believed Dr..
Hammil was affected with surplus Of
affection and was bestowing il on some
other woman, so she decided to inves-
tigate further.
The next day detectives were on the
trail OF DIR. Hsmmill and he was traced
to the Hotel Richelieu. Mrs. Hsmmil
was sent for TO identify her husband.
who was at the hotel with a woman.
When the doctor came out and
learned OF the presence of his wife. it
is alleged. he ran. A detective chased
him and brought him back 10 the hotel.
where. after she had made the iden-
tifcation. Mrs Hammil tainted.
Dr.. Hammil allowed his wife $50 a
week for the expenses Of the house
hoid after their reconciliation in 1910.
The separation prior 10 that time was
due 70 mis- abusive treatment, it is al
legged. On July u, 1912, Mrs. Hammil
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17
EVEN GERMANY HAS
NOT DARED TO GO SO FAR

AT the common law, however, II Will
be found that liberty of the press was
neither we'll protected nor we'll de-
fined" 1.-The government assumed
TO itself the right TO determine what
might or might not be published; and
censors were appointed without whose
permission il was criminal to publish
a book or paper upon any subject.
Through all the changes of govern
ment this censorship was continued
until after the Revolution OF 1888, and
there are 10 instances in English his
tory of more cruel and relentless perse-
oution than for the publication OF
books which now would pass unnOticed
by the authorities. To a much later
time the press was not free TO publish
even the current news of the DAY
where the government could suppose
itself TO be interested in its suppress
sion. Many matters, the publication OF
which now seems important to the just,
discreet and harmonious administra-
ton of free institutions, and to the
proper observation of public officers by
those interested in the discharge OF
their duties, were treated by the public
authorities as offences against good
order and contempts of their au-
thority. By fiction not very far re-
moved from the truth, the Parliament
was supposed to sit with closed doors.
No official publication of its debates
was provided for and no other was
allowed. The brief sketches which
found their way into print were usual
ly disguised under the garb of discus
sions in a fictitious parliament, held in
a foreign country. Several times the
Parl ament resolved that any such pub
licat on, or any intermeddling by let
ter writer's, was breach Of their priv
ileges, and should be punished accord
ingly on discovery of the offenders.
For such a publication in 1747 the
editor of the 'Gentleman's Magazine
was brought to the bar Of the House
of Commons for reprimand, and only
discharged on expressing his contri-
ton. The general publication of
Parliamentary debates dates only from
the American Revolution, and even
then was still considered q technical
breach of privilege" opp. $3.50.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17

Cf his duties when Dodge was sup
planted, declared that he had brought
70 action 20 recover his job.
Certain papers in reference to suits
growing out OF the failure OF the
Union Bank, for which David A. Sulli-
van was convicted az being responsible
and sentenced 10 Sing Sing, remained
IN G0ldstein's possession in spite of an
order from Eugene Lamb Richards, Su-
perintendent CT the State Banking De-
partment, that he turn them over 10
joseph G.. Deane. As attorney for the
Banking Department In Union Bank
matters.
letter. which Goldstein sent TO Gov
crpor Ciynn. asking that the latter e1-
plain how certain notes were discount
cd from state funds deposited in the
Union Bank when Glynn was State
Controller, were made public through
Or. Rohrer The letters were said by
The depositors 10 have aroused the
Governor ire and led to the removal
Of Dodge and Coldsiein.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17
LINER SPRAYED BY
Mine EXPLOSION
Pennsylvania Passengers
Near Death in Irish
Sea Accident.
TWO FLOATING PERILS
CRASH IN STORM
Ship Shaken by Blast in Path
way-Frightened Travellers
Rush to Decks.

Two mines floating in the patti of
the Cunard liner Pennsylvania a. she
passed. from the Irish Sea into 81.
Georges Channel Oh her way TO this
port were thrown together by avy
seas and exploded. The ship, with her
burden OF 800 passengers, missed the
explosion by a narrow margin.
The explosion occurred at 2:45 on
the morning of December I. when the
Transylvanil was twenty-seven hours
out of Liverpool, according 70 the
stories of passengers, cOnnrmeL by sew
eral of the ships officers as they ar
rived here yesterday.
Captain W. I. Turner was IN his
room writing the time, but Chic Of
ficer McGilvery and Third Oftcer An
derson. who were on the bridge, were
thrown from their fee. as the boat
lurched. There was deafening roar
and a great spout of water rose IN the
air off the starboard bow, but the good
ship continued TO move on her course
at speed of IL knots.
The passengers ran from their state
rooms in their nightclothes, and the
confusion was heightened by stS"
who cried: "The ships side is blown
Quit" The officers saw that all precau. .
tons were taken against disaster, and
then Gained the passengers with the
assurance that no harm hs- been done,
and that it was a thunderbolt had
struck the water not far from the ship.
This was the explanation given out yes
terday at the local Cu1ard Offices.
The stories of officers on the ship
leave little doubt, however, concerning
the mine explosion. They said that a
gale was blowing the seas over the yes
sel's bow that night, and that they
were sure that two mines were hurled
together by the waves.
The officers denied nevertheless that
any shrapnel or iron had struck the
ship or that any other damage was
done. Some ventilators were carried
away and a rail was splintered, but
these injuries. they were certain, had
been wrought by heavy weather during
the trip.
II was doubly fortunate that the
Transatlantic was not hurt by the eX-
plosion. for an officer said that II they
had been forced TO put out the boats
they could not have lived in the sea
that was running.
The Pennsylvania Is new snip,
which was originally built for the
Anchor Line. and left Liverpool on De-
cember 5. Soon after leaving port a
rumor spread among the passengers
that a passenger boat had been sent to
the bottom just ahead of them.
Sir Charles Allom, the English arehi-
tect, was a passenger, and inquired
snxiously when he arrived yesterday
whether the New York. of the Ameri-
can Line, had reached port safely
When told that she had arrived on
Monday ne said:
"Thank God for that There is a
rumor on the other side that trans
atlantic vessel plying between New
York and England has been blown up
by mine"
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17

Ws do not believe that there is any
ssmoeratic government in the world in
SLish the executive branch Is armed
,-;,L any such power that might be
ys.d for the suppression OF information
sonrerning the acts of public officials
- would result in this country If the
,,onosed pardon now under review were
IA 20 be valid The government Of
ne German Empire is founded upon
nr;neinles which are in many respects
srtsvonjstic 70 those of the Constitu-
,;on Of the United States, yet even in
,hst country we are informed the gov
s-nment. although il has been greatly
o,spleased at times by the publication
Of Official documents and Of other in
formation concerning the acts of its
various departments, has been afraid
on account OF the pressure of public
opinion 10 take the extreme means
which would be necessary TO prevent
such disclosures IL has, however, pro-
ceeded TO lengths which ought not to
be emulated in this country. and II is d
matter Of eontemporaneous history,
more or less widely known, that pub
icstion in Berlin known as "ForUoTtS'
used to keep a member of its staff, with
the nominal tllle OF eCllOfs NuOSe hOic
duty il was to assume the responsibility
Of the publication of disclosed docu-
ments and TO undergo sentences of i'm
prisonnent without hard labcr for
terms ranging from three weeks to
three months. or even for year, for
50 doing.
The First Amendment to the Consti-
tuition of the United States provides
ihst Congress shall make no law sbridg-
ing the freedom of speech or Of the
press.
In his work on Constitutional Lihni-
tstions Sixth Ed Judge Cooley says,
ltferring to the First Amendment:
"The privilege which is thus protect
ed against unfriendly legislation By
Congress is almost universally regard
cd not only as highly important, but
as being essential to the very existence
and perpetuity Of free government"
p. 5l0).
IN the same chapter the same learned
writer uses other language which
seems very pertinent to The present
discussion:
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17

1T must be evident from these his
tOri,sl facts that liberty of the press,
as now understood and enjoyed, is OF
1e,y recent origin; and commentators
SEEN 10 b. cared in the opinion That
nc term Itself means only that liberty OF
DRblicGtion without ne previous per'alS-
tion Of the government which W0S 90
iainsd by the abolition Of the censorship"
~ 5ls).
AN examination Of the controversies
which have grown out Of the repres-
sive measures resorted 20 for the pur-
pose Of restraining the free expression
Of opinion will sufficiently indicate the
purpose Of the guarantees which nave
since been secured against such re-
strsints IN the future. Except so Tar
as those guarantees relate 70 the mode
Of irisl, and are designed 70 secure 10
every accused person the right TO be
Judged by the opinion Of a jury upon
he eriminality Of his act, their pur-
pose has evidently been 70 protect
parties in the free publication OF mat
terS OF public concern, TO secure tnelr
night 10 a free discussion Of public
events and public measures, and 70 en-
abe every citizen al any time TO bring
ne government and any person IN su-
thority 70 the bar Of public opinion by
any just criticism upon their conduct
N the exercise Of the authority which
me people haze conferred upon them.
10 guard against repressive measures
By the several departments Of the gov
sfrmen;, By means of which persons
p poWer might secure themselves and
iaeir fsyorites from just scrutiny ana
condemnation, was the general pur-
pose; and there was no design OF &c
sire 70 modify the rules Of the com
mon law which protected private char
~tter from detraction and abuse, except
y lar a. seemed necessary 20 secure
. Aeeused parties q fair TRIAL. Inc
snh 70 be prevented were not the cen
soiship OF the press merely, but any
1enoa Of the government by means OF
sa'eh Z might prevent such Tree ana
general discussion Of public matters as
ssems absolutely essential 20 prepare
.ss people FOR an intelligent exercise
5lsj.
In the foregoing quotations the itai-
q sfe ours, and We would refer win
s2eeial emphasis 70 the words to me
eject that the liberty Of the pres
MsSns -only that liberty Of publication
-Hnont the previous permission OF me
svsernnent which was obtained py the
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17

Becker, Hans Schmidt. James Purcell,
the gambler who testified before the
Curran committee and later shot his
daughter. and Carol Drsnoviteh, VINO
was responsible FOR the Mott ST. trunk
murder mystery. There nave been 81:
convictions OF murder in the first de-
gree. eleven in the second. twenty-si,.
in first degree manslaughter. the re-
mainder Of the fifty-four being for sec
ond degree manslaughter.
Assistant District Attorneys Breck-
enridge aud Murphy, Of the homicide
bureau. attribute the record in murder
convictions to the new system OF hsv-
ing detectives assigned to the Distric.
Attorneys office TO cooperate directly
in the work Of obtaining evidence.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17
rNCL AND REJECTED
IKE PROPOSITION

shall, if the jury are of opinion that
the document or information ought not
in the interests of the State, TO have
been so published or communicated,
and that the person charged knew or
ought 20 have known that the document
or information ought not to be so pub
lished or communicated, be guilty OF a
misdemeanor, and shall on conviction
BE- liable TO imprisonment, with or
without hard lsbd$, for a term not eX-
ceeding one year, or to a fine, or to
both Imprisonment and fine"
IL will further appear from the rec
ords of the English Parliament that
this proposal met with such opposition
from public opinion as reflected in the
Press that the Lord Chancellor. ac-
knowledging the justice of the criti-
cism and saying, Eve all desire 10 pre-
serve the freedom of the press and the
freedom OF publication as much as any
of our ancestors" did not press the
ill and II was allowed to die.-PorliG-
DIentdgy Debates, 4th Series. Volume
l5s, Column 673, Volume 100, Column
1879
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17
D00MS SCHOOL FlRETRAP
Mayor Backs Adamson in
Erasmus Hall Edict.

After conference with Fire Com
missioner Adamson, Mayor Mitchell
yesterday issued an order that the old
annex 70 the Erasmus Hall High School
in Flatbush, which has been condemnsd
as firetrap, must come down at the
earliest possible moment.
The building, which was the original
Eiasmus Hall, a private academy, is
l29 years old, but il is still in use for
eight classes of the present high
school.
Commissioner Adamson issued an
order against the use OF the building
some time ago, but it was not until
he took the matter up with the Mayor
that any attention was paid to his or
der. As soon as provision can be
made elsewhere for the classes the
historic building will be torn down.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17
Jury PICKED FOR
ST. CLAIR TRIAL
Actress Pale and III as She APP
pears in Court to Face
Perjury Charge.

The trial of Edith st. Clair, the act
ress who is under two indictments
charging perjury. was begun yesterday
in the Criminal Branch of the Supreme
Court before Justice Davis. The selec-
ton of the jury. which was completed
at 6 O'Clock last night, all but exhaust.
ed the special panel OF one hundred
Jurors drawn for the trial.
The charges against Miss ST. Clair
arise from a suit she brought several
vears ago against Abraham l.. Erlanger
in which She was awarded S22,5O0.
Later the action of the court was re-
versed on the strength OF an aihdaylt
made by her in which she alleged that
she had been suborned to commit per-
iury by her counsel, Max ID. Steuer.
He was brought up on charges before
the Bar Association and Miss st. Clair
contradicted her affidavit, with the re-
suit that Steuer was exonerated.
During the proceeding in court yes
terday Miss St. Clair sat at the table
with her counsel and evinced little in
terest in what was going on about her.
She was i'll at the time of her arrest
a month ago and while in the Tombs
her condition became worse. After a
week in prison she obtained bail and
since then has been in the country try
ing TO regain her health. Yesterday
she was pale, and il seemed an effort
for her TO rise when jurors were
sworn in.
The charge on which she is being
tried is that of committing perjury in
making the affidavit charging Steuer
with subornation of perjury. Former
District Attorney Jerome, Steuer and
several others, including stenographers
who took her testimony in the suit
against Erlanger, will be called as wit
nesses. Assistant District Attorney
Manley is prosecuting the case. She
has retained as counsel Benjamin
Slade. David Slade and Alfred Frank
enfhal
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17

", suppose that this Court can take
,.s;,;,l notice Of the facts set forth in
=. oaeial records Of the Parliament OF
l ~. Britain. II so, this Court VIII
az refer,ace 10 the Authorized
s vs;.;on of the Parliamentary Debates,
Lar lar Series, Volume ls6, Column
f ~ n hat on the 18th Of March. 1905;
" lord Chancellor of England caused
.n' - introduced into the House Of
p,Ss a bill which was intended TO
DO.' The government with much the
BE ns movers that BY the subtle device
s s. rr,sented TO the consideration OF
~ fourt il is now sought 10 incor-
w.. We without public discussion and
mere executive fat into the govern
PIT Of this country. The bill which
~. Lord Chancellor sought to intro
sr,. In the English Parliament provid-
~, lis first section as follows:
= If any person, without authority
-, on behalf Of his Majesty, pub
Ines or communicates to any other
n-,soa any document or information TO
gsieh this Act applies, that person
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17

propriate 10 its own department, and
no other Up. 1907.
1T may be said that these are tru-
isms which need no repetition here TO
give them force. But while the ex-
perience of almost century has IN
general shown wise and commend
able forbearAnce in each OF these
branches from encroachments upon the
others, il is rot 70 be denied that such
attempts have been made, ard II IS
believed not always without success
The increase in the number OF States
in their population and wealth. and III
the amount OF power, if not IN rs
nature, 20 be exercised by the Federal
Government, presents powerful ana
growing temptations TO those 20 Whom
that exercise is intrusted TO overstep
the Just boundaries Of their own de-
partments and enter upon the domain
Of one of the others, or to assume
powers not intruseed 10 either OF them
CPD. i91-l92).
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17

..,,. had never been possessed Of
origin, rower. The Court said;
finiiI Relieved 70 be one OF the ehiel
't - he American system OF writ
nsris - s,;tutionsl law, that all the
sen ';;r,trpsted to government,
power. state or national. are divided
whe'ns. three grand departments, the
into s9T the legislative and the Ju.
eS ee91u',b st the functions Of each OF
dieisl' . INC Of government shall be
these - separate body OF public
vssieo and that the perfection OF the
ssrvsn'' r,eSujres that the lines which
systen. and divide these departments
sspsaTAsS s broadly and clearly defined:
shah p,,o essential 20 the successful
II y 80 of this system that the per
F'fS'in .s.,usted with power in any one
SOD: ~, ,n branches shall not be per
Of me- % sncroach upon the powers
nistsn 10 the others. but that each
eOnnn0thT v the law OF its creation, be linn
sssIs % the exercise of the powers APP
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17
WILSON IN SHOPPING JAM
Has to Push His Way While
Doing His Christmas Buying.

Washington, Dec. 16.-President Will
son did his Christmas shopping to-day.
He went into the downtown district at
the rush hour, armed with a list Of
purchases he desired to make, and Wis
tied 4 department store. two book
stores and q jewelry establishment. He
was followed everywhere by Secret Ser
vice men.
All the places were crowded. and at
times the President had 70 push his
way theoretically to sc. what he want
ed. He was recognized by many OF the
shoppers and greeted all who spoke TO
him with a broad smile.
Mrs. Francis B. Sayre, the President
daughter, viii arrive early next week
20 spend Christmas at the White
House. She is expected to remain more
than a month.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17

says. her husband struck her, and for
a week her nose bled at frequent inter-
vals.
when he sobered up" as the wife
expressed it. Dr.. Hammil, as if 70 ap..
pease his wife for his alleged brutal
treatment OF her, increased her allow
ance 70 $50 a week. On several occa-
sions, Mrs. Hammil further alleges, she
brought her husband home from sa-
looms. On November 81, she says. ne
was brought home by two bsrteIders,
who told her they found men going
through his pockets.
New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1914-12-17
SEE TAFT: LOSE HOME
House Burns While Architect
and Family Are at Reception.

South Orange, y. J., Dec. i6.-While
Arthur Dillon and his family were at
tending reception for ex-President
Taft in East Orange, fire tonight
wrecked the Dillon home at 179 Scot
land Road, this city. causing loss OF
$4,000. Mr.. Dillon is an architect.
with Offices az West 29th ST., New
York.
Three persons were injured. one OF
them, Martha Erobosky, a servant. sus-
tanning serious hurts. Two tremen
suffered minor injuries The fire start
ed under the rear porch