The Eugene City guard. (Eugene City, Or.) 1870-1899, May 28, 1892, Image 5

The Eugene City guard., May 28, 1892, Image 5

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Newspaper Page Texta S.a. ' CiuniuN Lim. Campaign Ilea are no flying about tbick and (tat. The latest ona I wa bava board U charging (bat A. II. Fink, I democrat io nnm into (nrcnnnle - ? I E. B. 8kir.wortb, attorney-at-law. SpokauoFall had a $300,0(10 Are Wllloughby, deutltit. Welch club at Hollower'. ppcaawg 1U oprutcr t 1 mull, Hoot. L. Biljeo and E. E. Bklpworlh will addreaa tb oiliaena ol Lane count at v. . . . i i . ir JUDICIAL DESPOT THE OFFICE OF ATTOR' NEY GENERAL. ........ in " ....- w. 4 I rat...rf.-.n Tainan , .(.je of December 13, 1889, Tra , r Bkobo of Ashland made a 1 -eriticum oi o tadidal diHtriet or uregon, r .MA Ltai K. Webster preside 1 The next day Judge Webater, L'Triouly offended party in the U worn Jacksonville, 8lxteen mIlfl' iihlandi in nis o umntmrnn, yitefoUowing.ro win ' la ma Circuit Coubt . , for ( JiclxlH COUNTT. OaiflOM.J .. too K. J. Kler nd N . A. Jacobs M 1 r pnbllabad t th City O Ashland, 'iSr, Oregon, on Tbureday th. 12th 'mirjiw.in an Issue of the ..id t gecoso publlthed on said dy did Jud concerning the above Court end pit Mi officers thereof the follow Ing, to- ditult )o h ordered M laTitl: I J, the whyt wherefore! of a material .7.- ... ,i a criminal out In 1 important lettimony wa needed to " ih. hono able court If at the nos butlnees, It might not be mora ,moa juiiiw i" -" Mam inTeiiiB"" , -ngeclea wun u "''" itillonol thejuriipruuenra oi ouuumiu .. l i Vi a matharia . pmnlnved u Kims v i.ibe dfted to the bottom, a system of da Urt would be unearthed that may be Tery t.nnt-reitlnf tosomeof the eiocutors. I it itea the evidence would be laid bare to .Topleol southern uregon ana aey woum Lot why one man can be convicted of In the flrat degreeand "hung by tha L..tlllllldead"-on strong clroumstan Limws. And why another crime of tha m fcl magnitude It committed and tha ki to Ond the author when thtelroum. L -ji ttldenoe that made the flrat man pahrnpvai far leu tonvlcting In luolr jMiiilnett than . wai the caa that the j wide of Juitlce could not- find guilty, iraunieyi ean offer brlbei to aren luca -gfTwwa aa grand jurora to bring la 3iTtrdlcu. ind why yee, why a lot of u-tu queer, irregular and dell ed "too numeroui to mention," are ocour is a periodically u there are exigencies ivuli ihem. ' In fact the court would hire tw-'ilobon lta haudi. Tha practlolng wjaoljuritprudenee in thla aoction of the tribe) eomiptand criminal In iu methods dnportion to population, amount and mag- E'tiime and curat of criminals) at It la Met where the oases are legularly "by the political boss who "makes" t, ftlia, "diet" the Juries and attends to L w lor a large sum. These Irregular in becoming so numerous that it 3 it though they have enscysted themselves Undue part of, the unwritten works lijttltOM. piilioneof the conditions and dangerous lmceiol the politlcalnethods In vogue kUon county, an Immediate result of ramhown In the shameless way In whioh vneuutlre officials are allowed to sell out Lcmnitlmeney for a beggarly fee. Another Miiwallol this state of aflalrs has plaoed an .Mtom ol from MOKK) to lM,00O-such a jpimle that no one does know the exaot caM-onr the county, that Is bearing prao itnper cent. Interest (mighty large re J.aud Hie Investment for big capital) and i (fat It being made to keep it from climbing rjiioni np. I 'latUl the cupidity, Indifference and lack feieo( the people in public affairs cease, nietlbit made to at least put a check to kpiplnj vultures?" ji4ereloie now hereby ordered that you Nat, ol yon be and appear before said Court tCut House In Jacksonville, said county dsjte, on Monday, ICth Docember, 1889, at t au lithe forenoon, then and there to show 'iiTTdu have why yon should not be lor contempt of said Court for having Aiikd snd circulated tha matter above -'iMilarewld. i open Court on Friday, 13th December, I LIONEL K. WEBSTER, , Judge. The Reply. Uvritwialnuelon motion of bit Honor 'iiiUodje snd without an affidavit or other Wiit containing a sutement of tha facta tafcattng the alleged contempt having been mud to add Judge or filed In said Court. IwifceolMld writ having been made upon FUiImt ont of said defendants, he siibse 0y. to-wlt: ea the 17th day of Deoember, Miinid Court the following answer, 't ("fcClrcnit Court for the State of Oregon wcauiiyol Jackson: I "6 tiling K. J. Kalier and N. A. Jacobs -r tad thow cause why they should not 'Willed lor contempt: II IiUtr comes and In answer to a altatlon Jutol tht above entitled Court and here- lirrednponhim: ' 11 ened In publishing a news- - pnenu circulation at Ashland, Oregon. j ' pnblithing ald article that appears In oUoohedldnot make any reference to proceeding then rending In said before any Grand Jury. Nor was there f'alJnry in seuion at said time asde- lilBlormed. That said article was, so 'oii reUt ,0 Conrta of this ' 'T.eertUclsm of past ecu therein, and tha "M not intended to have, and would not J, endcnoy to Interfere with the proper ublued administration of the law in any nZ? !hen' " now pending In said Court, 'Wrtlclewaa subllshed only as the .' believed In the Inter t of society, !., . rnestly disclaims any lnten ik!7!,!t towrd said Court or tht offlo i Z h v Pnblithing of .id article. !y""swertng, defendant avert that H,iZ,.MuiT Jurisdiction of the pereonof JS7 Bnder ,h, Proceeding. t this Court kns no Jurlsdlo ' ,hl de'endant or to adjudge tim iknl i or the oublishing of said article I "una u.i 01 "lch is respeotfnl y submitted. X. J. KAI8IB. jRD'a editor was represented "nna. aa a Die lawyer -4 F4 the of the first trict with ability. Circuit 'Zv combined la himself the nnctions: Offended party, iXMudge and jnry-the dia Wer,T1y'10t 'Ppearing In the case ' hlf JnS ytr Hanna. on ''ZJ. dfendant editor, made a JJtd the .rank injnstice of a Sa? ? nd edit0' 0t himself and bU court that . MT n nrnrta,lo ..J of ! v cs6 wrein a proving in Utot "o dUinter . jnr" W0M be a defense inV 5gr?f blic men ,n the cmiity Voff , tnit Jud3" w"bater to SWL. T1 ion for contempt " h !henV friends would aoa- T' of PnrPe. even Jl Wete,e"teL TheRecoro HmZ r,Ut'l il to U aclion for ': .Ta , M1 conricUon in hia ,Tayiiiltbtoirportniilty to etbh)i in a 1-gul wy tl.-.tVnth, and nnoarth in a libel case the nirj in the circuit conrt.' . , But Circuit Judge Webber would do nothing of the kind. He maintained tlmt lie bad au inherent right to punish the critics of the court for contempt of his court and alleged thut the legislature had no authority to limit or conBue the powers of the court to pnnisb for con tempt, since those powers came from the inherent right of the court to protect ttBClf. The supreme court at that time and for over a year previous had been round ly criticised by the state press, particu larly the leading paper. Judge Web ster expected that the aupreme court would sustain his action out of a mutual sympathy, and proceeded to fine Editor Kaiser $30 and aentenoed him to the county jail for fifteen daya. v An appeal was taken and the supreme court rendered the following decision against him on May 1, 1800: Q. . A r i . mm i um.iv ui urcguu, raapuiiueni, vs. a. J. a.aiser, appellant: appeal from Jackson county. Judg ment of the lower, oourt reversed. Opinion by Thayerftj. ; , . Two questions are presented for oontlderatlon upon this appeal: - yirat WtiMthA m. Ml .Kail K th appellant was punishable as a contempt of tht vircuu court. . , Becond-Whether said eourt had authority of its own motion to cite the appellant to appear befora it and Infllnt nimlihm.nl nntn him ln the alleged offense. The oivil oode of this state, See. (50, proscribes kum, mum UIU OIU1MIODB, IU rOipSOl W OOUf v jiuuw, vr swvweuinf (nerein, soau u deemed to be contempt of the authority of th ttnnw Tk.. . ...11 a B . J 1 . v.ui-. win 1UIUIHI; ' AUUUW K.... j i .... i a i .... I .umiKvB.Bi- vuun ui juiiiue, auu aTwry judi cial officer to punish contempt byline and Im prisonment or both, but provides that such Una shall not exceed 00, nor tht imprisonment tlx months; and that when the contempt la not ona of those mentioned in subdivisions 1 and t of sec. 650, or subdivision 1 of sec. 916, which em powers every Judicial officer to preserve and en force order In his Immediate presence, etc., It most appear that the right or remedy of a party to an action, suit or proceeding was defeated or prejudiced thereby, before the contempt can be Dunlahad. otharwiaa than hv a ana not axoeed- lng:oo. Sec 641. Section tsa of the code provides that "When a contempt Is committed In the immediate view or presence of tht eourt or officer It may be puiiieuvu summarily, ior wmcu au uruar viub Immediate view and prcsenoe, determining that the person proceeded against is thereby guilty prescribed:" and tec Ml provides, "that In . I . I .1 - I UH CWa UIIIVT kliHU 111 IUU U-UUVUW IU VOV. wu, before any proceedings can be taken therein, the facts constituting tht contempt mutt be shown U -h - M .4 - I . w .... n ... .Launrf A 4.11 1 A I B 1 officer, and thereupon inch oourt or officer may either make an order upon the person charged, . V. 1 L. - -I. ' A . K aaw..n .A VU SI1UW CaUH WUf AO SUUUIU UV, W mil IC.ICII w naw.r. nr Ihim ..rrunt nf anwlt to brinff BUCh person to answer In the flrat instance." election eoo provmes mat "in me prooeeuwg .. LI . - . J. . 1. ..I -1 .. 1 1 JT. n A .I... In all A.M. if vile oiawi la un vinuiuu. buu mi. . " - public interest, the proceeding may be prose cuted by the district attorney on behalf of the Btate, and that In all cases where the proceeding It commenced In the relation of a private party, such party shall bt deemed a co-plaintiff with the Bute." These various sections of the oode not only provide what acts shall be deemed tontompts, and point out the mode of procedure for their punishment, but strongly indicate that when the act constituting tht contempt it not com- mlllul In h. ImmwIltlA rlnW OF nnllnna Of tht -a I. .. . k. Mm. mi u a tm al ml- Duur, Ul UUIWI Ik mil., M-J auvu lated to affect the right or remedy of a party In litigation. Section 651, whioh limits the punishment to a fine not exceeding $100, nnleas It appear that the right or remedy of a party to an action, suit or nmnnMllna was defeated or prejudiced by the eontem pt clearly shows this. II tnis view Dt oorrec. u iohowi w. uii.c- ViA m.ita. nnhli.hMl hv anmllant oonatltuted a contempt under subdivisions 1 or! of said sec a L J 1 1-1 . . MA M.antall two, or unaer rooaiTieion i ui mm. -i. w. -tuwvw tAA In .ffaai Ih rtffht fit & PlM-tT tO a litl UI VCHUC-a mttww v ... I . - nation pending In said court, or before the Judge . . . . - . l.kla tka .l.lnl tnereoi, it uoes no. cuure wimm m. in".. -.u. , ii ii, -an-Mi inr thm Tpnnndenta nrvR bll WMR w... - - i . that a court of Justioe has power to punish for contempt, ana urn its power iu iu. iwiw. cannot be limited by statute. This is undoubtedly true so far at it is neces sary to maintain order in the conduct of ltt business and In the enforcement of Us jurisdic tion. .... The legislature could as well aoousn tne courts outrliht as to deprive them of the right to pun ish for contempt, those who Impeded, obttruoted and embarrassed the administration oi me iaw. i. i. . .I... that fimntlnni and render their process orders, decrees and judgments mere brntem tuimen. -7 - Bui whether they possess lnnereni sumomy to punish as contempt, acta which do not anect causes sctually pending before them, although the acts tend to degrade the court and bring tha administration of Juitlce Into ditrepute, has never been conceded In this oountry. Counsel for respondents have cited In support of that doctrine, from the American deoltions, SUte va Morrill, 16 Ark. DM and Stewart vs. Peo ple, 4 IU -; but It Is well understood that the courts of the latter state have slnoe held quite to the contrary. In Bute vs. Anderson, to Iowa 207, the supreme oourt of that state held, that the publloaUon by an attorney of an article in a newtpaper, criti cising the rulings of a oourt in a cau.e tried and determined prior to the publloaUon, did not constitute contempt punishable by the court, and referred approvingly to Dunham 1 vs. Bute, 6 Iowa 245, In which It was held that the publication of articles in a newspaper, reflect ing upon the oonduot ol a Judge in relation to a cautependingin oourt,which had beendisposed of before the publication, however unjust and libelous the publication might be, did not amount to contemptuous or violent behavloi 'to wards the coi rt, under chapter M, code of 1841 of that sute, nor that inch artleles were ealeu lated to impe'e, embarrass or obstruct tht court taVhtidmuTatratlonof the lew as to JntUfyo summary pu dahment of the offender under nethtrent power of a .our, 'of Jostles , to punish parties for contempt, who commit acts whk'h ave direct tendency to obstruct or .mbarreaa Its proceedings in matters pending tafoTu. or to lnfiuenoedecltions warding such matters, Is undoubted: built osn hardly bt mir.nSlned I from the adjudication had noon S. aubit'ln U- various sUtes. that such r.werU broad enough to vert In the oourt the .XrftytoV punish any ont for eritlcieing "trt on acJuntoiiudareiarnar. which have fully urminated however moth Its Tilnyavent It teems to me that the Wi-la-ture hi the authority to limit the power of - iard to matters ol contempt, to the wu!!?.to .Jch acta as are specified IrZUMot totor "tout. ' ctn dlacoverany re-on why th. legUlv Steexercorth-er. topunish In such lJT U not a personal matter of th. T 1 CaTia plaintiff in aU eaae. of that eourt: , when the ac:s eonaUtutlug the XS ""Tthem 0rt"P-Uk.udicUJ ""itbtm and tofllot summary punishment. portion of tht court, of the 1 several f. hm7t tbeir tdopUoa. Thai 'jrwvl g .rn. neoea-ary to lb. pr-ervt" tf w and decorum In tht presence of the courts of the tlate while engaged In the transaction of I heir hh-iiieas; for tha enforcement of obedience t') their lawful Judgmenu, decrees, orders and procetw., and for tht performance of official duty upon tha part of their officers. hcthor, therefore, the said matter published by the appellant constituted a contempt, dt pendt upon whether it fallt within any of tht eaiet apeelilod in said sections; and whether tht circuit court had authority of Its own motion to cite the appellant to appear before It and Indict upon him the punishment imposed, depends upon whether the offending was done In the Im mediate view and presence of the court. The publloaUon, according to the general defi nition given by Blackttone and by tome of tht more modern law wrltere upon tht subject, would protwhly constitute contempt; but under the code ol this sute It does not; nor do I think It would according to tht weight of decision made under the constitutions of the various states. If It had re.1ect.id upon the conduct of tht court with reference to a pending suit and tend ed lu sny manner to Influence Itsdecltlon there in, it would uuqueatlonably have been a con tempt, but It was not shown that any suit wsa then pending by which the rights of any liti gant were or could have been affected by it The article Itself stales that the oourt had or dered an Investigation Into the "whys and wherefores" of a material witness dltappearlng In a criminal case In which bis testimony was needed to convict, but It does not appear in th. proceeding for contempt that such was the fact, nor at I can see, that It was calculated to In fluence the deel Ion in that matter. If the act were such an one aa could have been In the Immediate view and pretence of the eourt It would doubtless havt been what it termed a direct contempt; but it not having been so com mitted and not involving a direct disobedience to any order of tht eourt. It oamae within the elsssdeuomlnatedconstructlveoontempts. Am. Law Keg. vol 20, 147. In proceedings to punish that daio! con tempts, It is necexsary that a proper informa tion should be filed before the oourt It author ised to act In tha matter. Bald tea. 643 of the code, above set out, makes It Imperative that the facts commuting tht eo itempt In such casea must be shown by an affidavit prevented to the court, etc., before the proceeding can bt taken. "The tower of a court," said Wallace, Jaln Batchtlck-r vs. Moore, il CaL 414, "to pun lib. for an alleged contempt of Its authority, though undoubted, Is in ltt nature arbitrary, and its exerolte la not to be upheld, except un der the circumstanoea and In the manner pre scribed by law." I am of tht opinion, thert fora, that the court was not authorised to pro ceed In the matter of luown motion, nor wai the oourt empowered to punish the appellant by imprisonment. Section 6 1 ol the code above referred to la deoltlve upon that point. The decision appealed from must therefor bt reversed. During this time the Record reiter ated the truthfulness of all it had writ ten and printed and openly alleged that it could prove even more and challenged Circuit Judge Webster to bring an action against the Record for libel. Although circuit Judge Webster claimed that the r;nson that he brought the editor of tho Record up for contempt was that he proposed to defend his honor, which had been attacked. One would suppose that after failing to ha vo. his honor vindicated when he sat as I offended party, complainant, judge and jury that the logic of the situation would compel him to do one of two things, viz: Acknowledged what had been eaid and written about the conduct of himself and his court or compel the editor of the Record to prove it in a civil or criminal action for libeL Two years have now passed by and Circuit Judge Webster has never brought that tction. There is only one conclusion to be reached on the face of this situation, that Circuit Judge Webster has created for himself. WEBSTER'S RECORD. OVER HALF HIS DECISIONS HAVE BEEN REVERSED. Does Oregon Want an Attorney General Whose Opinion Isn't Bight Half tha Timet Anv mnn who in this broad land of ours offers his name for publio prefer r invitm that investigation into his fitness and worthiness for the position which the lowliest citixen has the sov ereign right to make. If the candidate has before been honored by publio office, high or low, and baa a consciousness 01 faithfully discharged the trust. he will not object to an examination of the record he has made. Upon this reo nni ha invites his fellow citizens to judge him and by it he must stand or fall 1. n. Webster, iudee of the First ju dicial district of Oregon, is a candidate upon the Republican ticket tor tne nign and responsible position of attorney gen eral. The people of this state are en iti0,i tn know whether as a lawyer he is Qualified to become the legal adviser of - .... TTT this great commonweaiin. e nave no KaHr nr nther source from which to ob tain this information than from the rec ord he has made for himself, and to a very brief glance at this record the reader is invited. Toward the close of the year was tne nffl. r,f district iudee of the First judicial district became vacant by the . T Tr T T resignation ol lion. a. iv. nanna, wuo ... than tli able incumbent. A Re- XI aa auwaa publican governor then presided over the state, ana no avaimuio jvcyuunmm fnnnd willing to accent the position. L. R. Webster, Esq., was at that time ciermng in one ui mo ury t Jacksonville. He claimed to have studied law and had just been admitted to tne oar. ue waa at wAnnfr man of oleasant manner, reason ably good education, poor in purse, mar ried and ambitious, ine peopie 01 Jackson county thought of him as a worthy subject and recommended him for the place. Tne governor maue un appointment, and though very young and without experience in the law, he began the tasks imposed wwn oommena .t.t. -ool ami annroDriate modesty. For a time the good people of thia district felt that they had Destowea imr great . a wnrthv nerson and were inclined to view hia mistakes with com- plaieency, feeling tnai time wouiu uu out his qualification by that experience which must make up the finishing part of every man's education. In this, however, the people were to be sorely disappointed as the sequel will .how. At the first general election- h was elected to fill the unexpired term of two Tears, at the end of which being .till on probation, he was again nomina ted and elected because of the weak-its ... .w of his opponent and the good natared indulgence of the public to whon, up to this time be had displayed a reasonable sense of that chlefest of all virtues, grat itude. After thia election he settled himself back in hia judicial aeat with an air that bespoke a sense of security for the coming six years and gave growing evidence of a forget fulness of the lowly station frcm which he had been lifted and the indnlgent patience of friends to whom he owed his good fortune. He soon discarded those little virtues that had attracted friends to him, and apparently with premeditation with drew himself from the kind office and recognition of those who so aided him in the days of his need. A stiff bow and an air of superiority usurped the place where was before a frank and hearty salutation. His friends have with vexa tion often remarked this foolish young man's unmistakable notion that all be low him are of "the common herd" and that he views them from a lofty station. This is no picture for campaign purpose but a truth that can be vouched for by two-third of the people of Jackson county, who aa American citizens re gardless of party will rebuke auch as sumption by an exercise of their sover eign wills at the ballot box. Such conduct will suggest to any think ing person an intellectual shallowness inconsistent with the idea of a sound and lofty legal mind, and the record will verify this conclusion. To prove this a reference to the Oregon supreme oourt report shows that since Judge Webster has been on the bench in this district, out of fifty-four cases decided by him and appealed to the tuprome court, twenty-three have been reversed, five modified and twenty-six affirmed. Less than one-half of his cases have been af firmed. No comment is needed. No lawyer who is mistaken more than half his time is a fit person to be the legal adviser of a whole state. But this is not all. The complaint is almost universal among the people of this county, regardless of party, that his administration as circuit judge ha entailed a large and useless expense, as the records will also show. The records show that for the fiscal year ending July, 1885, the cost of run ning the circuit oourt in Jackson county alone, exclusive of the sheriffs and clerk's fees for the same time was twelve thousand two hundred and twenty dol lars and sixty-six cents (tlS.SSO.Oo); the clerk' fees incurred (n circuit court business for the same time wa $381.63, and the sheriff's fee about the tame, making a total of about $14,000 for that one year alone. The next year it reached over (7,000, the next about $7,000 and the following year it approximated $8, 000, making a sum total of .8,000; and this does not include the salary of (3,000 a year paid by the state to the judge. As near aa can be obtained from th record the aggregate cost of the same oourt for the past four year not includ ing the judge' salary has been approxi mately (16,000, an average of four thousand dollars a year, Assuming (4, 000 to be a reasonable average cost per year, w have the modest sum of (12,000 paid by Jackson county alone for th privilege of educating thia promising young man to that standard of legal ability that has enabled hira to get almost one half of his case affirmed by the supreme oourt and to make him eligible for the new and important trust of legal adviser of the whole state. It must not be forgotten that we are only presenting the figure for Jackson county alone and that during all thia time Judge Webster' jurisdiction ha extended over three other counties, which it may be reasonably inferred have suffered from like cause. Aside from the expense above re ferred to, and which sound in taxes upon the people, a still heavier ex pense has been incurred by litigants in civil suit and action arising from unnecessary . delays that could and would have been avoided by an expedi tious judge. It is a well known fact that the oourt in Jackson county grind with an exasperating slowness and that cases argued and taken under advise ment are sometime held until forgot ten, and it is confidently believed that many reversals might have been avoided if prompt decision of these case had been given while argument and cita tions were fresh in the mind of the court. The number of judicial day of the court for Jackson county from and in elusive of 1886 to the present time were 496, or eighty-two and a fraction of day for each year, and the average number of hour during which the court waa in session would not exceed five hour each day. while weary litigant, whose rounds of duties at home demand their attention, are kept with an array of witnessea, day after day, with all the consequent expense and loss to farm and business hanging upon the aweet will and pleasure of this man who ha grown so great upon their gift, who haa forgot ten gratitude, but asks them to raise him a little higher in June next It is hardlv to be doubted that they will re member Bobble Burns and may justly say to him: Onr tolls obscure and a' that; Tht rank It but the guinea stamp; - Tht man's tht gowd for a1 that. Will the people of this state think it to their interest to elect a man to so high a position requiring the highest legal ability, whose recoru is aa itatea above? It is not believed that they will. and all who read this are requested to watch the returns after June the 6th next and he will see that the sentiment of Democrats and Republicans are alike extrressed. Judge Webster is not the choice of the Republican party of southern Ore gon, and the declarations made in hi behalf at the etate convention where h waa nominated are not indorsed by one half of the Republicans of Jackson coun ty where he haa lived for ten year. Voter, it is your duty as self respect ing, free American citizens, to go to th polls on June 6 and' cast a ballot against Lionel R, Webster. RelegaU him to th obscurity h datwrr. THROTTLING THE PRESS. WHAT THE STATE PAPERS THINK OF IT. Lionel B. Webster, Candidate for Attor ney General Row tht Free Vltwt Him, A Lawyer-KJitor Oplaloa. The city editor of th Crescent City New i a lawyer. He says: Hon. H. K. Hanna of Jacksonville attorney for E. J. Kaiser, defendant tn the contempt proceeding instituted by an irate judge, has filed a brief in the Supreme Court of Oregon that will let the bottom out of Judge Webster pro ceeding. It 1 woll enough that it should." Caflt to Da Judge. (Salem. Dally Statesmen, May 1 There waa a decision of the supreme court on Thursday on an appeal from Jackson county from a decision by Webster which haa attracted much at tention in southern Oregon and through put the state, EL J. Raiser of th Ash land Record, referred to the conduct and actions of Judge Webster in an un- oompllmentary manner, whereupon Webster hauled him up for "contempt" of court. Webster eat with autooratio power in a cast to redress hia own griev ances. He convicted Kaiser of con tempt, the " contempt " consisting In tell ing the truth about the judge. Of course the decision was reversed, Chief Justioe Thayer rendered an able opinion, of which the syllabus appeared in yes terday's Statesman. Judge Webster' foolish action in tbl case would indi cate that he 1 unfit for hi high position. -fcsdf Webster's Mistake, (Dally Oregoataa.) E. a Kaiser, editor of th Ashland Record, is feeling vary good over th action of the supreme court, which ra vened the decision of Judge Webster of Jackson county, who fined the editor $50 and fifteen day imprisonment for criti cising the doing of the circuit oourt over which he presided. Webster 1 a young man and made a mistake a to the extent of hi power to punish un complimentary newspaper criticlam. . 'Principle Invelved. (CrttotntOlty Mtwa) The supreme court of th state of Ore gon on May 1 handed down it decision in the contempt case against B. J. Kaiser, editor of th Vallbt Record of Aahland. The oourt revened th deci sion of the lower conrt Thla will please Brother Kaiser and hi numerou friend. Rogue River Courier. We told yon to. The Courier says that it will pleas Kaiser and hi num erous friends. We aay that it will pleas a world of true American cltixen. A Dtttrvad Rebuke. (Trek a, CaL, Union, May 11 ' An Ashland telegram of May 1, ayt The contempt of oourt case of editor Kaiser, of the Vallit Record, who wa sentenced to fifteen day In jail and fined ISO by Judge Webater, for publish ing last Deoember a severe criticism of the management of the Juaiclary ox uu district, wa today beard ana revertea bv th Buprem Court at Balem. This sounds healthy. It s refreshing to find a sensible upper court, just now, teaching a light-brained lower on it duty. A Rlghteoot Jadgnaent, lAlbanr Dally DemooraLl Some time ago E. J. Kaiser, editor of the Ashland Record, becoming tired of what appeared to him as corrupt prac tices in the court of th first district, proceeded to publish a criticism of Judge Webster who wears the judicial ermine on the bench of that district, whereupon the irate judge had the recalcitrant editor dragged before him and fined him 150 and imprisoned him In th county jail for 15 day all for "contempt of oourt" Thia Jeffery-llk proceeding met with the earnest disapproval of Mr. Kaiser the editor, who promptly ap pealed the case to tne supreme court, and the decision of Webster' oourt wa of course, promptly reversed. Mr. Kaiser i to be congratulated that In his person the freedom of the press haa been judicially vindicated. Judge Webster will learn from this that men who don the judicial ermine are subject to critl oism the same as other official ar when they get ont of the line of honest publio duty. Boyalty Hteaivae aa Vpstt, East Oregon Herald, June 4) E. J. Kaiser editor of th Aahland Record, has been released by th supreme oourt from paying a fin of $50 and serving IS days in the county jail for criticising the act of th circuit court over which Judge Webster pre sided. We venture to say that the country would be getting rather despotioand tyrannical when the press would bt de prived of the right to criticise, or call the attention of tne puuiio to any juai cial acts it believed to be wrong. The PeapU Will Not Itanel It, (Crescent City, Cal, Kewt, Jan. 3S, Judge Lata aa able lawyer, editor.) E. J. Kaiaer, editor of the Aahland, Or.. Valley Record, ha been en tenced by L. R. Webster judg of th first judicial district of Oregon, to pay a fine of t0 and serve 15 day im prisonment for alleged contempt of court The contempt consisted in the publication of an article criticising th manner ol administration 01 justice in Jackson county. The article ia pointed and severe, and If th charge ar nn tm. miaht be the subject of a libel pro ceeding, but it contains that class of matter which the general puouo ia inter ated in. and is therefore within th cop of legitimate criticism of publio servant, and does not In any sen come within th claat of offense designated aa oontetnDt. A contempt it the act of disturbing a court whilst in th act of performing its function a such, or diaebedieno to it lawful crooats or mandate. AfawUo . : ' a'", a-- lated instance have, however, occurred where the court have attempted to avoid exposure and criticism by a resort to the summary process of contempt proceedings, but in no cat that we know of have the sovereign people submitted without a vigorous protest against tha usurpation, and it 1 aafe to say that th Independent spirit of free America Will never sanction any principle that will ahield the dishonest blggot or unprinci pled tyrant from the just critioism of hi peer. Should he Coadasntd. (Portland Mercury. Editor Kaiser of the Vallit Record, a live Aahland newspaper, ha occasion now to remember the arrogano of th kaiser. The kaiser ia a sort of a double barrelled, stem-winding nabob who runa thing about as he pleases iu a oountry that don't amount to much except to kaisers. For kaisera, however, it doe first-rate. There the hlghfalutln twine can grunt and woo to him who dare say him nay. In this country, however, Kaisers dare not even chirrup. If they do they are jerked out of their trousers, fined and imprisoned. At least this ha been the experience of the Kaiser of the Vallit Record. Not being a coward, he dares to preach the truth and defend th helpless. For this offense it is ought to punish him. If there is an editor in Oregon who would not condemn inch a high-handed outrage, the puerile idiot and craving coward should hide hi head in shame. He is not worthy of his cloth. Wa Will Know Rooa. RUte Democrat, Salem. Judge Webster on the 6th inst. fined E. J. Kaiser of the Valley Record for contempt of oourt, said editor Kaiser having in the issue of his paper of Deo. 12th published a defamatory and con temptuous article implicating and de faming the good name of said Webster and judge of the first judicial district of Oregon, contrary to the statute thereof in such cast mad and provided. He fixed poor Kaiser' fine at (50 and 19 day in jail and then released him on hi own recognisance. Kaiser will appeal and Webster will get pealed and learn not to answer until he's called. Our boast la of a free oountry and a free pre. See to it friend Kaiser, that we have one, and that the right of freedom are not abridged. We fail to see that Web ster's official or private acta should be any more secure or exempt from criti cism than any other citizen. If hi judioial position or prerogative sur rounds him with a cordon of protection and make if treason to speak of hi act through th publio press, w want to know it to wt may avoid similar calam ities of ourself. A Step Toward lieadlsh Fersacntlon. (Roteburg Plalndealer. ' For the publication of an "uncompli mentary" article in the Valley Record a few weeks ago, Editor E. J. Kaiser wa brought before Judge L. R. Web ster on a charge of "contempt of court," and waa fined (50 and ordered to be in carcerated in the county jail for fifteen dayt. We fail to perceive anything contemptuous in this alleged oontempt of court article. It it true the artiol ia not very flattjTing to the court, Jury or bar, but froufferhat we hav learned in a general way, the article ia but a sum mary of common report, with tho excep tion of it allusion to Judge Webster. We never heard of hia being charged with being a corrupt man. We have heard him condemned as wanting the re aulsit knowledge and experience to fit ilm for to important a place as Inter preter of the law. This may or may not he true. The man of long experience in any art or profession aside from good natural common tent, sound judgment and honest purpose, it no lurety against wrong doing. We would far rather trust an honeat man of good judgment, minus experience, than an educated fool or an experienced rascal, skilled in th technicalities of the law. But to th contemptuou language of the artiole under consideration, if we properly un derstand it, there is nothing worthy of punishment other than such as an en lightened sentiment would visit upon the offender. The language la not the most com mendable of the conrt, and may tend to thow that the court, jury and bar hav not aoted with "the fear of Ood before their eyes" in Jackson county. If inch be th fact aa stated, the Yaxley Record has don a good thing for th people of Jackson and may serve a nobis purpose cy mowing tne way 01 trans gressor to be hard. It ia said, "Th licentiousness of the press is th pala dium of our liberties. " When you mux tie the press yon pull down one of th strong pillars of our republic. If Mr, Kaiser ha don anything wrong, It is more in the nature of a libel, for which he should be tried, if at all, and if found guilty, punished, but the plea of con tempt of court w regard as frivolous and smacks somewhat of th star chamber court over 400 years ago, or of Jeffrey's Bloody Assise in 1685. Lionel's Native Hadeety. Yamhill Reporter. . Api-rently Judge Webster of the Ash land district has not scored so many point by imposing fin and imprison ment upon th editor of the Valley Record for contempt of hi court in having the temerity to offer an unfavor able criticiam. About every paper in the state outside hia Imperial jurisdic tion has bad a word to aay, and not in terms always complimentary. A judge will generally do well to keep order in his court and see that its functions are well oiled and in running thape. If hia native modesty doesn't restrain him from attempting to sit at judge and jury in seeking redress of his own grievances, bt can learn a good deal of wisdom by sitting down on a pin. .ledge m Lionel Webater. &! (Portland Dally Dispatch, May 10, 1SW.J E. J. Kaiser of the Valley Record of Ashland la in the city. Kaiaer ia tl e editor whom the vealy, callow ami alleged judge, Webster (who i roonhv on th Republican ticket against tht able, honest and J ait Gorg Chamber-