South Bend news-times. (South Bend, Ind.) 1913-1938, 1918-04-17
Contempt Case is
World-Old Struggle Of
People Us. Arbitrary Rule

the hearing of John Henry Zuver,
editor OF The News-Times. in the
81. Joseph superior court on alleged
indirect contempt charges. brought
by Judge T. ID. Mott OF that court,
o the old battle Of the people
against the arbitrary use Of power
whether from the throne OF from
the bench, attorneys for the defense
argued their answer to the charges
Of the prosecution Wednesday morn
ing.
Atty. Samuel Parker for the de-
fense in his opening argument de-
Clared that il was not so much the
sending Of the editor Of The News
Times TO Jail or compelling him 10
Jay a fine, as il was the principal in
volved.
II take a deep interest in this
case" declared the attorney. To
send John Henry Zuzer TO jail or
10 make him pay fine would not
affect the community so much. But
It is the principal involved. The pub
lic is watching the outcome of this
case. and your honor should cOnsid
er this case thoughtfully and
thoroughly
Asks for Dismissal.
Immediately upon the courts con-
yening. Judge Vernon w Van Fleet
for the defense filed a petition for
the dismissal Of the alleged indirect
contempt rule. The petition set forth
that at the time OF the publication
OF the alleged contemptuOus article
in The News-Times. the litigation re-
ferred 10 in the article was not then
pending in the court, and that the
rule citing the defendant for alleged
indirect contempt did not set out
that the article i'm question was false.
The petition. which was overruled
b, the Judge without argument or
citation from the attorneys for the
prosecution, appears in full under
separate caption in the adjoining
column. Atty. Parker for the defense
took an exception to the ruling Of
he judge.
Atty. Parker argued for the dis
missaI Of the rule. He said that II
was the purpose of the attorneys for
TIE defense 10 discuss thoroughly
the law involved. and said that they
had given il thorough study. He said
that he could only appeal to the
honor Of the court
Progress i'm the Law.
Great progress has been made IN
the law. continued Atty. Parker.
There was time when the power
Of Judges were unlimited. There
was a time when men were hanged
for petit larceny.
We are proud that progress has
been made. The power Of judges is
now fixed by law. In Germany men
| have been sent 20 prison for Criticiz-
/ ing a remote ancestor Cf the kaiser.
Thank God We have gotten rid in
this country of procedure Of that
kind and il will never prevail here
/ unless a victorious Germany op-
/ presses il upon us
The attorney went thoroughly in
I to the rule OF the court. citing the
defendant for alleged indirect con-
tempt His argument was intended
/ 10 show that no contempt had been
I &C mmitted. and that the newspaper
! article in question had in no way at
tackled or questioned the honor or
/ integrity OF the judge.
I the defendant made answer 10 the
/ charges contained in the courts
rule. the court must accept the
answer as true This he said would
/ eliminate all contempt charge. He
| rointed out that if the defendants
answer was not true, he would then
I 10 liable TO prosecution On the
charge Of perjury, but that the al
legged indirect contempt charges had
\ Icen absolved.
Must Take Answer a True.
In dealing with the second para
\ graph of the defendants answer,
Attv. Parker pointed out further
that the alleged indirect contempt
contained in the head fne OF the
newspaper article had been absolved
bv the defendants denial that ne
. had written IT, or knew anything Of
/ IL until he saw il in the newspaper
I on the day il was published.
The court is forced 10 take the
answer OF the defendant as true.
declared Atty. Parker.
Atty Parker said that the prose
/ cution has singled out certain words
i'm the courts rule on which TO base
The prosecution. He again pointed
cut that the matter IN court ha j
been concluded and was not then
vtnding v hen the newspaper article
/ appeared.
We have not reached that time
when any man is not subject 10 just
criticism" ne continued The time
has not Vel come when the servants
os the people cannot be justly and
/ fairly criticised and that time will
not come unless Germany shall pre-
vail"
We have heard a great deal here
bv the inherent powers OF the
court But the powers Of the court
are governed by the legislature
Following the overrulng OF the
defense's petition 10 dismiss the