Evening star., 1940-03-10
Contempt Citation
Against 81. Louis
Newspaper Asked
Circuit Attorney Bases
Cose on Editorials
: Criticizing His Record
b the Aasoci ted Press.

Attorney Franklin Miller whom the
Post-Dispatch has been prod dding
editorially because of his prosecu-
ton record, today asked a circuit
Judge. who has also been criticized
by the newspaper, to cite the
Pulitzer Publishing Co., publishers
Of the Post-Dispatch, for contempt
Of court.
In an information filed in Judge
Thomas ]. Rowe's court. Mr.. Miller
also asked contempt citations
against Managing Editor Benjamin
H. Reese, Ralph Coghlan. editor of
the Post-Dispatch editorial page,
and Daniel r. Fitzpatrick, the news
papers famous cartoonist.
The contempt charge was based
on two editorials and a cartoon re-
lating to the dismissal of an ex-
tortion charge against State Repre-
sentative Edward M. (Putty Nose)
Brady In Judge Rowe's court last
Monday.
The newspaper Immediately re-
piled to Mr.. Miller's action with an
editorial promising a vigorous de-
fense and characterizing the charge
as "an attack on the freedom OF the
press and upon this newspapers
constitutional rights"
Copy of Cartoon Attached.
The editorials on which the con-
tempt charge was based were made
q part Of the information and a
copy of Mr.. Fitzpatrick's cartoon,
"Burlesque House in Rat Alley" was
attached. One of the editorials, as
set out in the information, was cap
toned, "A Burlesque on Justice,
and began with a "cast of charac-
ters'' including Judge Rowe and
Mr.. Miller.
In the editorials, the Post-Dis-
patch commented critically on Judge
Rowe's action in suggesting dis
charge Of the indictment against
Brady. A co-defendant, who had
obtained a severance, was freed on
q demurrer at an earlier trial and
Judge Rowe said, in the absence of
additional evidence, it would be an
unnecessary expense" to proceed
with useless trial" of the Brady
case. Mr.. Miller dropped the charge.
The newspaper today, in COM
menting editorially on a different
matter, spoke of Mr.. Miller's "ghastly
failures" as prosecutor, and COM
ments in a like vein have appeared
from time to time In one Of the
editorials included in the contempt
information, it mentioned the circuit
attorneys "11-year record of dis
NAL hops."
Judge Rowe said he would "take
action Monday as the facts warrant"
on the information. Mr.. Miller said
there would be no arrests In the
meantime, adding, 1T is up to the
court to issue or not issue the cita-
tions asked for in the information. :"
Editorial Comment on Citations.
The Post-Dispatch, commenting
editorially on the contempt cita-
tions, said:
These editorials and a cartoon
were printed in pursuance Of the
policy Of the Post-Dispatch to i'm
prove the administration of justice
In st. Louis and in pursuance of its
journalistic duty to inform the peo-
pie whenever, in its belief, a failure
Of justice has occurred. The Post
Dispatch, on multitude of occa-
sions, it is hardly necessary to say,
has expressed its great veneration
for the judiciary as a vital part of
our democratic system,
THE Post-Dispatch regards the
charge of contempt as an attack up
on the freedom Of the press and
upon this newspapers constitutional
rights. The attack will be vigorous
ly defended"
The charge against Brady related
to an alleged payment Of $4,000 by
theater owners to forestall a wage
increase demanded by union movie
operators in 1886. Mr.. Miller dis
missed the indictment on Judge
Rowe's recommendation to save
the State the unnecessary expense
Of useless trial"
John P. Nick, former head of
the Motion Picture Operators Union
who was Jointly. indicted with Brady,
was acquitted on the extortion
charge last January II, when Judge
Rowe sustained a demurrer to the
suffictency of the States evidence.
When the Brady case was called
for trial, Judge Rowe asked Mr..
Miller if the evidence against the
State Representative went beyond
that offered against Mr.. Nick. Mr..
Miller replied the evidence was vir-
tually the same and Judge Rowe
made his suggestion for dismissal.
Mr.. Miller agreed and entered a
uolle proSeuui.