The silver state. [volume] (Winnemucca, Nev.) 1909-1925, 1915-01-23
OHIO NEWSP PAPER
.CITEDFOR CONTEMPT


TOLEDO, Ohio, Jan. 23.--Wbether a
newspaper is in contempt of court foI
publication of cartoons. news items
and editorials relative to a pending
case, is the interesting question to be
decided here today by Federal Judg.
John NJ. Killits. N. ], Cochran, edi-
tor, and II. j. Howard, managing edi
tor, of the Toledo News Bee, are cited
for contempt.
If the ruling sholld prove adverse.
counsel for the editors announced that
the case will Immediately be appealed
to the United States Supreme Court.
The contempt proceeding arose out
of the citizens fight, aided by the
News Bee, to prevent the granting of a
has lasted since 1908. Several times
petitions-in- boots were necessary to
prevent machine councils from passing
a franchise over the veto of the mayor.
Early in September, 1914, the compa-
ny pressed in United States court for
an Injunction to restrain the city from
enforcing the three-cent fare ordi-
nance which had taken effect in the
previous March. Under that ordinance
the company was refusing three-cent
fare, but was carrying free those who
refused to pay more.
The Local Socialists passed resolu-
tions decrying interference by the
court. The News-Bee published a mod
fled summary of those.
Business Agent John Quinlivan of
the Central Labor union, criticized the
court before that body and was sum-
moned for contempt. The News Bee
published his statements as set forth
in the allegation against him.
The News Bee and itc managing edi-
tor were then summoned for contempt
Among the additional allegations were
that the News-Bee had printed an &C.
count of a great public mass meeting
at which the principle of refusing to
pay more than three cents fare was
discussed. It was also alleged that for
IL years, or nine years previous to the
accession of Judge John M. Killits to
the federal bench, the News-Bee had
been conducting a publicity campaign
of news items, cartoons and editorial
comment of a kind calculated to OBJ
struct Justice when the suit came into
the federal court and that after the
case came into the federal court con-
tinued this line of policy. An editor
ial was cited in which Editor N. D.
Cochran referred to the fact that "a
Judge is a two-legged human being
After the managing editor had been
summoned, Editor Cochran himself
wrote an editorial in which he set
forth that the News Bee had no inten-
tion of censoring the courts or of OBJ
structing justice, but that there was
no intention either that any court
should edit the News-Bee He set forth
the policy of the paper in the street
car controversy.
Within a few hours he was summon
ed to appear for contempt. Judge Kill
Its then ordered a new information
making Cochran and the News Bee the
respondents. He decided to hear the
case himself and secured former U. S.
Judge w. L. Day of Cleveland, as ga
friend of the court , to assist U. s.
District Attorney U. G. Denman in
the prosecution. No jury can be de-
manded in cases of this kind.
Cochran and the Ncws-Bee were de.
Tended by Lawrence K Maxwell, ]. G.
Harper and J. Curtis of Cincinnati and
c. s. Northrup of Toledo.
The defense waived all technicali-
ties, although assured that they could
have been effectively urged. They made
it plain issue as to the freedom of
the press in printing the news and
making open comment on matters of
great public interest.
All of the news items, cartoons, CON-
and editorial comments
were admitted and full responsibility
assumed.
Editor Cochran on the stand testified
that he had no intention of obstructing
justice or embarrassing the court and
that he did not think any court should
permit itself to be embarrassed by
such public discussion.
The hearing and Arguments lasted
a day and a half. Full stenographic rec
ord was made with view to getting
the matter before a reviewing court
if the defendants should be found
guilty. The hearing closed ON Decem-
Der 20. Judge Killits said he would
render Judgment on January 23, and
would give ample time for appeal, it