davidaulloa/AmericanStories huggingface dataset:
South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-02-09
Santa Fe New Mexican Editor
Wins Contempt Case Brought
By Corrupt Political Judge

torneys, was fined for contempt for
having filed their answer. The edi-
tor secured a stay OF execution and
took an appeal 70 the supreme
court which now reverses the case
and instead OF remanding it for
new trial instructs the lower court
to dismiss the information and dis
charge the editor.
The defenses set up included those
that the criticism made did not con-
Germ the official acts OF the judge,
but merely his private act: that the
criticism was a proper response TO
the aspersiOns cast by the Judge up
on the veracity Of Mrs. Ward. Capt.
Cutting and their associates. and
that so far as the criticisms dis
closed the personal. political and
business associations Of the Judge
they constituted simply a continual
ton Of the newspapers long con-
tinued campaign against the politi-
cal conditions in the state. In this
respect the defense urged that a
continuation OF such criticism could
not be held TO be contempt of court
without violating the constitutional
free press guarantees. even though
the subject matter OF the criticisms
had recently become the subject of
litigation in suits brought against
the paper. They urged that the rule
that comment upon pending causes
may constitute contempt of court
could not apply to a mere continual
ton OF comment which had been be-
gun long before the matter came in
TO the courts through the subsequent
litigation, and they asserted that any
other rule would enable anyone to
stop a newspapers campaign against
conditions simply by filing a suit
which would bring the matter into
the courts, whereupon, under the
rule commended for by the prosecu-
ton, criticism must stop under pen
atty Of punishment for contempt
had acted strictly within the free
dom of the press guarantees Of both
the state and of the federal consti-
tutions. The decision not only rec
ognizes the free press guarantees,
but in addition lays down many
rules and limitations upon the pow
er of courts and judges TO inflict
punishment for criticisms directed
against them.
Herbert ID. Mason, formerly of
New York city, who appeared as
special counsel for Mr.. Johnson be-
fore the supreme court, issued the
following statement reviewing the
courts decision:
The decision in the New Mexican
contempt case ought to do much to
clear up many points concerning
the freedom OF the press and the
law of contempt OF court. Its clear
recognition OF the freedom of the
press guarantees OF state and fed
eral constitutions as contrasted with
the contempt power OF courts, its
holding that every construction and
presumption must be made in favor
of the good faith and innocent in
tent of one who criticises the court.
and its holding that a judge cannot
use contempt powers TO redress
private grievances, give some much
needed definition Of the strict limi-
tations upon the exercise of the
South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-02-09

course OF justice in some pending
case or that II tended 20 embarrass
the Judge in the discharge OF judi
cial functions in future matters
1T further asserts that ii is not
the personal dignity nor the per-
sonal feelings OF the court that
justify contempt proceedings. While
the court states that attacks upon
the character or conduct Of a judge
as an individual may. in some cases,
be so gross as 10 amount TO con-
tempt, II holds that this is so only
when they tend 10 influence the
course of justice.
Though the reasoning is clear.
this is probably the first time that
any court was held that praise
as we'll as condemnation may
constitute contempt. The court
says undue praise or fulsome
fiattery' may obstruct the course Of
justice. but adds that as TO either
criticism or praise, it is not the
judge as an individual but the party
litigant that is 20 be protected. 1t
is not the Judge as an individual
who is protected by this right 10
punish, but it is the party litigant
who is 10 be protected, and until
the publications complained of
reach the point where they natural
Iy tend to, or do interfere with
some pending matter they are not
contemptuous, no matter how vici-
Gus or unwarranted they may be
"A most important holding of the
court, especially at this time when
the rights Of free speech and free
press have been so much clouded by
voluntary and involuntary censor
ship and by so much public con-
Germ as to the effect of government
communication, is the reaffirma-
ton of the principle that under our
theory of government the right of
the freedom of speech and of the
press are essential to public war
fare
While holding that these do not
afford license TO indulge i'm unwar-
ranted attacks upon the courts, the
opinion notes that public opinion
has greatly restrained the courts i'm
the exercise of contempt powers.
and that even false and unwarrant-
ed criticisms of judges affords them
no greater remedy than those given
TO private citizens, unless they en-
croach upon the rights of litigants
and tend TO obstruct justice in pend
ing matters or embarrass the Judge
in the discharge of judicial func-
tons
An important ruling regarding
the right Of the public to comment
upon a judges political. personal
and business affiliations is en-
braced in the courts decision over
ruling the holding of the lower
court that such comment was con-
temptuous, as in effect charging
that the judge was a political Judge
and that his court was controlled
by politics. Concerning such dis
closures of the judges relations.
the supreme Npurt said Certainly,
applying the rdles OF criminal law
TO this case. this court cannot pre-
sumo that such a statement is con
temptuous per Sc"
South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-02-09

contempt powers by courts. as well
as some equally needed definition
OF the rights OF citizens TO express
their opinions concerning the Judi
ciary under their free press and
free speech guarantees.
There has been altogether 100
much confusion as 20 the limitations
OF contempt jurisdiction. The pres
ent decision goes far in clearing
this up. While adhering TO the rule
that criticism calculated TO obstruct
the course Of justice may be punish
ed as for a contempt OF court. the
court holds that cases of construc~
tive contempt are criminal proceed
ings, and that therefore, the infor-
nation, the authority of the court,
the weight OF the evidence (includ-
ing all presumptions and proof
and the regularity OF the proceed
ings are governed by the rules Of
criminal law. The information
must be strictly construed as well
as the article alleged TO be con-
temptuous,' and the court further
SAYS the defendant is presumed to
be innocent until proved guilty be
yond a reasonable doubt, the same
as a defendant in any criminal case.
There are no presumptions taken
against him, but the presumptions
are all in his favor
This is a wide departure from
the attitude OF those courts which
seem TO have presumed that their
critics were guilty and TO have
thrown upon them the burden of
proving the innocency of their in
tent Certainly in contempt pro-
ceedings, where the offended judge
sits substantially as accuser, judge
and executioner. the rule announced
in Judge Holloman'S opinion, Is
much more consonant with free
press and free speech guarantees
THE court holds. in addition,
that where a publication is not con-
temptuous on its face the defend
ants sworn denial OF contemptuous
purpose will be taken as conclusive
and the defendant discharged, IN
the absence OF definite pleading and
proof by the state that the publica-
ton tended TO obstruct justice. This
in effect, a disavowal OF the the
ory of some courts that judges may
convict on their intuitive knowl-
edge in such cases, and without
pleading and proof Of the facts and
circumstances relied upon.
court also holds that a defendant
charged with contemptuous criti-
cism is entitled to every construc-
ton consistent with innocence of
wrongful intent, saying in consid-
ering the probable effect of the pub
lication every fair and reasonable
inference consistent with the theory
of the defendants innocence should
be indulged.' This rule is empha-
sized by the court in it's statement
that the rule is merely declaratory
of a primary principle Of criminal
law and necessarily applicable to
the case at bar.
THE court also holds that judges
NAV not redress their private griev-
ances by contempt proceedings, but
may resort only to the kinds of re-
lief open 10 the private citizen. As
10 this the court says that con-
tempt powers are not TO be used as
a means of personal protection not
accorded to other officials and fur
Their says. IF in his individual ca
pacity a judge is criticised or libel
ed his recourse is the same as that
afforded any private citizen, unless
il is shown and proved that the libel
tended to obstruct the ordinary
The Powder River County examiner and the Broadus independent., 1919-09-12
SUMMER BRINGS LARGER HATS
Brighter Sunshine Causes Demand for
Broader 6rims to Protect Face
and Eyes.

With the approach of late spring
and early summer weather. the big hat
Is coming actively into it's own. The
first spring days demand that the
headgear selected shall be small and
rather close reefed to withstand wind
and weather, and a hat of this tyne
is very smart with narrow straight
line tailored suit or frock. But big
hats are almost uniformly becoming,
and when late spring and summer
suns begin to shine. spreading hat
brim Is great protection to the eyes
and complexion.
When trimming is used on the spring
or summer chapeau, flowers usually
are first choice. All kinds Of garden
flowers are lined up in the millinery
field this season. Hollyhocks, pop
pies. bleeding hearts, violets. and
roses, Of course, and lilies. including
those of the pond and Gala family.
are approved. Ribbon flowers are
fashionable, also. some OF the smart.
est hats showing clusters of very real
looking asters, suntlowers. etc, made
of narrow ribbon in carefully selected
colOrS.
The Powder River County examiner and the Broadus independent., 1919-09-12
Clock That 10 Never Wrona.

In the observatory Of the Nichols
academy mt Dudley. Mass. is the
most wonderful clock in the entire
United States and probably in the
world. 1t is the kind Of clock that
tells time three ways. and it's always
right. II the sun should he one Sec
ond slow in rising the clock would
register black mark against the orb
Of day and would tick its peculiar
record in spite Of the sun. It is cali
ed right ascension clock and cost
nearly $4,000. The designer and
maker was widely known genius and
the sidereal clock was the master
piece of his life.
This clock was gift from Heze-
kiah Conant. native son of Dudley.
who made fortune manufacturing
thread. He had three things to his
credit that are mentioned these days
the first daily paper ever printed
In Worcester. the most wonderful
clock in the world and the first Dud-
ley man to make $1.OOO.OOO.
The Powder River County examiner and the Broadus independent., 1919-09-12
THE CORRECT WAY TO SLEEP
Soft Beds Make FIabby Skin, ana
Large Pillows lnjure Health
and Appearance.

No matter how comfortable soft
bed and large, soft pillows may be-.
they are not healthful, and women
especially would do well to avuitK
them. for they assist materially in in
juring their physical appearance.
states writer In the Philadelphia
Inquirer. When the body sinks down
in soft bed considerable portion
Of the skin is robbed of it's proper
ventilation and the circulation is in
terfered with. 1t also helps to make
the muscles flabby.
A hard bed will make the flesh
firmer, and the form must, therefore,
appear somewhat better as a result.
The large pillows are not good to sleep
on because the head is too high when
it rests on them, and this prevents
that deep. regular breathing which
gives good lungs and in consequence
better appearance to the bust and
shoulders.
One ought always to sleep on the
left side, and preferably with the arms
at the back. This may be little awk-
ward at first, but as soon as one be-
comes accustomed to it she will find
it not only the most restful and easy.
but the position in which sleep is more
easily induced. The pillow ought to.
Of course, be small and the bed hard.
or ut least firm. The body is then i'm
the correct position for sleeping and
for helping the physical appearance
Of the person while 8t rest
The arms at the back throw the
chest forward. make the shoulders
broader and the back straighter. SO
that material assistance toward
good carriage is thus obtained. When
one lies on the back, even though the
pillow is small. it has tendency to
crook the shoulders, and many cases
Of stopped shoulders have probably
originated in that way.
The Powder River County examiner and the Broadus independent., 1919-09-12
IDEAS IN BL0uSES'
Short Sleeves Appear in Many of
the Summer Garments.
American Designers Reluctant to Ac.
cept Paris Recommendation for
Abbreviated Arm Covering.

Unquestionably this is season of
novel ideas in blouses. The ordinary,
Old-time suit blouse wins barely
glance. OF course, suit blouses must
be had, because suits are being sold
IN much greater numbers than suit de-
partment records have been able to
show for years. The suit blouse with
round waist length back and sides and
long apron panel front is one favorite.
Another of the new blouse novelties
Is the cossack, which is somewhat on
the order Of the old-fashiOned basque.
II is not tightly fitted affair, but is
drawn softly across the figure in front
and ut the sides and tied in the back.
Both plain and printed georgettes
are used for the apron models and
for warm weather wear sheer cotton
vofle or fine handkerchief linen may
be- used in the development of
blouse either Of the cOssack or apron
type.
There is no ironclad ruling in regard
to blouse length. The waist length
model is shown, like the one on the
cossack lines, and blouses appear with
hip length peplums, and long knee
length models, called costume blouses,
continue to be approved.
Short sleeves, definitely approved by
French style designers this season, ap-
The Powder River County examiner and the Broadus independent., 1919-09-12
FRINGE FOR THE BED SPREAD
Decoration That Is Pleasing and At.
traetive May Easily Be Made by
Nimble Fingers.

Some of the 'oveliest of the new
spreads for the bed are of unbleached
muslin with inserts of handmade lace
or touch of hand embroidery in
large bold patterns, knots, cross stitch
and the like. One may finish off these
spreads with wide hem. a blanket
stitched or buttonholed edge and best
of all with handmade, crocheted
fringe. Now this may sound ambi-
tious, the making of enough fringe TO
go around the whole spread except
the top, of course, and the bottom if
it is to be tucked into a wooden foot
board, but the fringe is simple. Start
with favorite crocheted edge that
leaves an irregular edge Of points.
scallops or open squares. After your
whole edge is crocheted, all you have
to do is to tie into every point, or into
three or five points in group as
many strands of thread according to
the size and thickness of tassel you
want. If there is filet lace in your
spread, you will want filet heading
for your fringe. If the embroidery
is dainty, make your heading q series
of lighter picoted interviewer loops.
You can find patterns and directions
for such heading in any crochet
book, and all you will have to do is
to knot your strands of fringe into the
most prominent loops or points.
The Powder River County examiner and the Broadus independent., 1919-09-12
Only One Foundation.

hen best prove their right to rights
by making good in little things. Rights
are those things that grow out of uni
versal justice. In the last analysis
they are beyond price. Some folks
say they have bought the right to
certain things. That is only because
custom has commercialized them. Such
rights SAVIOR Of monopoly and are as
unstable as the dollars with which
they are purchased. Right that rests
upon divine law may seem very tame,
but after all it's the only right that
abtdes amidst the rise and fall of EN-.
pires and the changing customs Of
men. To such rights every man is
heir.-Exchange.
The Powder River County examiner and the Broadus independent., 1919-09-12
COULD NOT SEE INTO FUTURE
Men Of Genius Had Little Idea What
Their Inventions Might Mean
to the World.

It appears that it is not infrequent-
~ the case that great inventors do not
comprehend the significance Of the
things they have produced. Here are
two examples:
When Hertz first began to obtain
satisfactory results from his now ia
nous researches into the possibility of
transmitting electric waves certain
men Of science suggested that some
day similar vibrations might serve to
transmit messages through space.
Hertz laughed at the hypothesis and
assured all comers that his expert
ments were for laboratories only. Now,
after few short years. it is hard to
find a single issue of a daily newspa-
per that does not record some note
worthy example of the use Of wireless
telegraphy.
Levassor was the great engineer
who sketched the automobile with
such skill that his design has not been
materially changed to this day. After
Levassor accomplished his historic
Trip from Paris to Bordeaux and re-
The Powder River County examiner and the Broadus independent., 1919-09-12
g E. Euzeoa Aeso>~. c5z.eesy Travelogue Bureau
Ferry on the Peiho River,

combed by the wind and bathed in the
vain," and one of them was awarded
the decoration of the double.eyed pea.
cocks feather.
Commanding the native force at Tien.
tsin was Seng-ko-lin-sin, a Mongol gen.
eral, who later distinguished himself
less creditably. In 1850 he sought to
defend Tientsin against a foreign ex-
pedition by erecting an immense mud
rampant outside the city. Tientsin
was captured and held for two years
by the British and French and the
crude defense is known in the foreign
quarters as "Seng-ko-lin-sin's folly"
The region about Tientsin was
known as Chi-chou. under the Hsia dyn-
asty, whose rulers, 1000 years ago,
already had court astronomers who
could predict eclipses. Later it was
called Ya-chou, in the Chou dynasty,
marked by the western wars waged by
Mu.Wang against the "Dog Barbara
ans" thought to be ancestors of the
Huns. Tientsin dates back at least
to the fourteenth century.
Immense Salt Industry.
The salt industry in the neighbor.
hood of Tientsin is prodigious. Wind
mills are used to pump salt water into
the fields along the Halo river, where
the widely-known Chang-lu salt is
made. Before the war nearly 10000
tons We're produced annually. But
Tientsin is important commercially in
many respects. It is a rice market.
and Siberia's tea formerly was shipped
through here. Exports We're as varied
as the needs of the dozen or so nations
which had separate settlements along
five miles Of the river front, and it's
imports were as diverse as the COM
modAies those nations had to ex-
change.
The Peiho and Hunho rivers con-
verge at Tientsin. From the latter to
the Yangtsze Kiang extends the Grand
canal, that remarkable specimen of
ancient engineering. mentioned by Con-
fucius. which originally was more than
1000 miles long.
Ticntsin has more people than Bos-
tol. 1t is the principal city of Chin
Ii, and is Sc miles southeast of Peking
by rail.
The Powder River County examiner and the Broadus independent., 1919-09-12
IENTS1N, called the panorama
city of China, came into pub.
lie notice again recently be-

lie notice again recently be.
cause of disorders in which
Americans and Japanese were involv-
ed. To walk about Tientsin is to trav.
el, says bulletin of the National
Geographic society. An afternoons
stroll from the native to the British,
French. Italian, Russian and other for
eign quarters gives the sensation Of
magic tour through Peking, Londtn,
Paris. Rome and Petrograd. And the
windmills among the salt mounds just
outside the city add a touch of Holland.
This panorama city has had a tenn
pestuous history. There a group of
American and other foreign residents
Herbert c. Hoover among them-de-
tended themselves for a month against
the fanatic boxers in 1900.
Since then the native city has been
known as Cheng-li, or "Town Without
Wallis" because the ancient barriers
were demolished during the siege. OF
the 500 doughty foreigners more than
fifty were killed and many others
wounded before military aid came.
Tientsin was the scene of another
famous siege, that of the TAPPING reb-
els in 1853. Followers of Hung Sin
Tsuan. who had professed Christianity
and set himself up in Marking as the
Heavenly King" marched toward
Peking. But the Waterloo of the ''long-
haired rebels so called because they
would not plait their queues and thus
signify loyalty to the Manchus, came
at Tientsin.
"chinese" Gordon's Victory.
The success Of the campaign against
the revolutionists was due principally
to the gallant "Chinese" Gordon, Gen.
Charles George Gordon, and his sever
victorious army" But the fact would
not be suspected from reading the i'm
perial edict issued by the former con-
cubine who had elevated herself to
Empress Dowager. The edict set forth
that this glorious victory is entirely
due to the bountiful protection Of heav-
on, to the ever-present help of our an.
cestors and to the foresight of the en-
press regent" A tribute is paid to the
Chinese generals, "who have been
The Powder River County examiner and the Broadus independent., 1919-09-12
SMART SUGGESTIONS

Sailor collars are smart,
Suits have very narrow belts.
Coats are very ample in the back,
Afternoon dresses are not very long.
The tablier blouse is being made in
wash materials.
The frilled lingerie blouse is gaining
n popularity.
Skirts for Afternoon wear promise to
se more full.
A revival Of the real lace collar IN
strongly suggested.
The Powder River County examiner and the Broadus independent., 1919-09-12

turn at the dizzy speed of about Is
miles an hour his admirers gave him
a banquet. During the toasts one Of
them. stirred by the spirit of the oc-
casion, rose and enthusiastically called
on the assembly to drink to the ap-
preaching day when carriages should
travel at the speed of 60 miles an
hour. Levassor turned to his nearest
neighbor and asked in Il quick under
tone:
"Why is it that after every banquet
some people feel called on to make
fools of themselves?'
The Powder River County examiner and the Broadus independent., 1919-09-12

pear to excellent advantage In many
Of the summer blouses.
American style designers have not so
far generally accepted the Paris rec
ommendation concerning short sleeves
in silk and wool fabric frocks for
street wear, but the summer blouse
and sheer summer frocks find the style
very desirable.
The woman who elects to wear short
sleeves in the daytime should have
pretty arms. Unfortunately not all
women are so blessed and for that rea.
son 1t is not probable that the fancy
for short sleeves will be so generally
accepted as to make the style become
common"
The Powder River County examiner and the Broadus independent., 1919-09-12
Add Rooha

The fellow who explains to you on
a rainy day that it's good weather for
ducks. Anyway you want to push him
out in the wet wide world and see that
he gets a few.
The Powder River County examiner and the Broadus independent., 1919-09-12

Exceptional Woman.
Ray-My pas got 30 much money he
don't know how to spend It.
Roy-That's nothing! MY pas got
20 much money that ma eau't mend Il