The daily telegram. [volume] (Clarksburg, W. Va.) 1901-1926, 1915-12-01

fifteenth day Of December, 1915, file
in the clerks Office Of this court at
Parkersburg, an amended and supple
mental petition, making the necessary
averments to bring its case within the
provisions Of section 268, Judicial
Code, Supra, that Is, that the mis-
behavior Of the defendant herein
complained OF, occurred IN the pres
ence OF the court, or so near thereto
as to obstruct the administratio ion Of
Justice, and that 1t particularize In
what respect the object ionab1e publ
cations were used, either In the pres
ence Of the court, or SO near thereto
as to obstruct the administration OF
Justice. and in what particular, II so
used, the administration of justice
was obstructed thereby.
AT the incoming OF such amended
petition, If filed, the defendant here
in shall make answer thereto, ana
further return to the rule heretofore
awarded, on or before the first day
OF January, 1916, by fling the same
with the clerk Of this court at Par
kersburg."
Order Of the Court.
"The United States.
VS..
H. S. Ogden.
"Order-Upon a rule.
"This proceeding came on this day
to be heard upon the rule to show
cause heretofore awarded, the exhib-
its fled, the return and answer Of
the defendants thereto, the demurrer,
and motion to quash set out in the
answer, and the arguments Of counsel
thereon.
"Whereupon, for reasons stated in
writing fled herein, 1t Is on this
twenty-seventh day OF November.
1915, ORDERED that the rule award
ed on the eighth day of June, 1915,
upon the petition OF the Manufacture
ers' Light and Heat Company that
day. presented, be quashed, and the
petitioner the Manufacturers Light
and Heat Company on or before the
fifteenth day Of December. 1915, f1e]
in the office of the clerk Of this court
at Parkersburg, an amended and sup
Elemental petition, making the nee
essary averments to bring its case
within the provisions Of section 26S
Of the Judicial Code, that is, that the
defendant herein. occurred in the
presence Of the court, or SO near
thereto as to obstruct the adninistra-
ton OF justice and that it particular
ize in what respect the publications
complained OF were used either in the
presence of the court, or SO near
thereto as to sobstruct the administra-
ton Of justice and in what particular,
il so tused, the administration Of JUS
ticve was INSTRUCTED thereby.
.And 1t is further ordered, That
upon the incoming or such amended
petition, II filed, the defendant here
In shall make answer thereto. and
further return to the rule heretofore
awarded, on or. before the first day
of January, 1916. by filing the same
in the clerks Office Of this court at
;Parkersburg. IKE
EDMUND WADDELL, Jr,
United States District Judge for the
Eastern District OF Virginia.
November 27th, 1915.
Judge Blizzard, OF counsel for the |
defendant, says that he believes the
decision settles the case, as he does
not think q newspaper publication can
be shown as q contempt committed in |
the presence Of the court or near
enough to interfere with the admin
fstration OF Justice.
The prosecution relied largely upon
q recent decision Of United States
Judge Ki1lits, who punished a Toledo
newspaper, for contempt because Of