The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1914-12-30
PINION ].
IN NELSON
ACTION

The supreme court made public yes
| terday the syllabus in the Baker Mel
son contempt of court case. 1t is as
| follows: -
State of North Dakota, plaintiff, VS..
George l.. Nelson and A. M. Baker,
| defendants. ...-
Section ia of the constitution of
North Dakota prohibits the cxpendi-
ture of more than four mills on the
dollar of the assessed valuation of
property within the state. The legis-
lature of 1915 made appropriations
which if allowed in toto would exceed
this limit. The state board of equali-
zation scaled such appropriations to
make the same lawful. Thereupon the
educational institutions brought
mandamus in the supreme court to
compel the payment to them of their
run snare. Pending such hearing the
defendant Nelson published an edi-
! torlal wherein it was alleged that the
| supreme court and the members of
the board Of equalization had entered
into a conspiracy to render q fake
decision before election to influence the
reelection of the governor of this
state and to reverse it's decision after
election. ....
]. The mandamus proceedings
originated in this court and will BE-
considered pending until this court has
lost power to change or modify it's
decision. The mandamus proceedings
reviewed and held that the same was
pending until the nineteenth of No
vember, 1914, while the article in
question was published Nov. 13, 1914.
The publication in question, was CAL
| culated to prejudice the rights of the
lttigants and to prevent a fair and i'm
| partial hearing in this court and Is.
| therefore, contempt of court.
| 2. The reason for Furnishing such
| contempts is that said publications
| interfere with the rights of the IitI-
giants and Of the public. Litigants are
! entitled TO have their controversy set
I tied without interference with, or in
limitation Of, the court itself. The
! right OF free spec ch lis. sacred but at
Stimes must give way to other rights
/ even more sacred. The right of free
| speech will not protect man in in
vading church and haranguing the
audience during religious services, nor
| will it protect him in disturbing social
| or political gatherings. Neither will
| 1t protect him in interfering with tho
| orderly conduct of courts of justice.
| Free speech does not give the right
| to vilify and scandalize. 1t is as much
a crime to assert charges which ono
Knows to be untrue, as 1t is to remain
| silent if the same are believed to be
true. When given an opportunity to
| prove the truth of the article in ques-
| tion, the defendant Nelson refused TO
| give any reason, weak or strong; why
| he believed such article to be true
This, in effect, is an admission that the
same was untrue.
| 3. In considering punishment this
| court wished to consider the provoca-
| tion or other success of the defend
ant, but was prevented" in this case by
the conduct of the defendant who stat
ed: Il decline to state from that source
or authority or information / obtained
the facts or inference leading me to
believe the same to be true, for the
reason that 1t was a privileged com
munication." This does not meet the
! burden of proof required of him to
show the truth OF the charges made
and is an admission in effect, OF the
falsity of the article, The punishment
is, however, limited to a small part OF
that which might be inflicted. De-
fendant Nelson is found guilty and inn
| prisoned for ten days and fined 5000.
/
under oath that he did not write tho
article in question, did not know il
was being written; and could not have
prevented it's publication had he
: known. Although the circumstances
throw much doubt upon these asser-
tions. the court has neither the time
1 nor the inclination to continue the in
quiry. and Mr.. Baker will not be
punished. "s r..
| (Syllabus by the court.)
| Opinion Of the court by Burke.
J. ...
| Andrew Miller, attorney general of
the state of North Dakota, of Bis
marck,; N. D., attorney for plaintiff.
L. N. Miller, of Fargo and f.. O..
Hellstrom. of Bismarck, N. D., attor-
neys for defendants.
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