VALLEY RECORD. THROTTLING THE PRESS. Judge (?) Lionel Webster. (Portland Daily Dii|»atch, May 10, DM2.) E. J. Kaiser of the V alley R ecord of A Principle Involved. [Crescent City News.] The supreme court of the state of Ore- WEBSTER’S RECORD. The number of judicial days of the change off from an action for contempt court, for Jackson county from and in­ to libel, as then his friends wonld sus­ clusive of 1886 to the present time were tain him in the belief that he was 496, or eighty-two and a fraction of governed by an honesty of purpose, even days for each year, aud the average though he were defeated. The R ecord number of hours during which the court editor also wanted it to lie action for was in session would not exceed five libel, as ho had a firm conviction in his hours each day. while weary litigants, ability and only desired the opportunity whose rounds of duties at home demand I to establish in a legal wr.y the truth, and their attention, are kept with an array unearth in a libel case the alius« in the of witnesses, day after day, with all the circuit court. consequent expense and loss to farm and But Circuit Judge Webster would do business hanging upon the sweet will nothing of the kind. He maintained and pleasure of this man who has grown that he had an inherent right to punish so great upon their gift, who has forgot­ the critics of the court for contempt of ten gratitude, but asks them to raise . his court and alleged that the legislature him a little higher in June next. It is had no authority to limit or confine the hardly to be doubted that they will re­ powers of tbe court to punish for con­ member Bobbie Burns and may justly tempt, since those powers came from the say to him: I inherent right of the court to protect Our toils obscure and a’ that: itself. The rank is but the guinea stamp; The supreme court at that time and The man’s the gowd for a’ that. for over a year previous had been round­ Will the people of this state think it ly criticised by the state press, particu­ to their interest to elect a man to so the leading paper. Judge Web­ high a position requiring the highest larly ster expected that the supreme court legal ability, whose record is as stated above? It is not believed that they will, would sustain his action out of a mutual and all who read this are requested to : sympathy, and proceeded to fine Editor watch the returns after June the 6th Kaiser $50 and sentenced him to the next and he will see that the sentiments county jail for fifteen days. An appeal was taken and the supreme of Democrats and Republicans are alik6 court rendered the following decision expressed. Judge Webster is not the choice of against him on May 1, 1890: the Republican party of southern Ore­ State of Oregon, respondent, vs. E. J. Kaiser, gon, and the declarations made in his appellant: appeal from Jackson county. Judg­ ment of the lower court reversed. Opinion by behalf at the state convention where he Thayer C. J. was nominated are not indorsed by one- Two questions are presented for consideration half of the Republicans of Jackson coun­ upon this appeal: First--Whether the matter published by the ty where he has lived for ten years. I dered an Tnvestigalion into the "WhJ’s and wherefores” of a material witness dlaappeariag in a criminal caae in which hia testimony was needed to convict, but it does not appear in the proceeding for evutempt that such was the fact, nor as I can see. that it waa calculated to ill- fluence thedeci -ion in that matter. If the act were such an one as could have been in the immediate view and presence of the court it would doubtless have been what is termed a direct contempt; but it not having been so com­ mitted and not involving a direct diaobedience to any order of the court.it comes within the class denominated constructive oontempts. Am. Law Reg. vol. 30,147. In proceedings to punish that class of con­ tempts, it is necessary that a proper informa­ tion should be Ail'd before the court io author­ ized to aot in the matter. Said see. 658 of the code, above set out, makes it imperative that the facts constituting the co tempt in such cases must be shown by an affidavit presented to the court, etc., before the proceeding can be taken. "The power of a court," said Wallace, J., in Batchelder ra. Moore. 42 Cal. 414, “td pun­ ish for an alleged oontempt of ita authority, though undoubted, la In its nature arbitrary, and its exercise is not to be upheld, exoopt un­ der the circumstances and in the manner pre scribed by law.” I am of the opinion, there­ fore, that the court was not authorized to pro­ ceed in the matter of Its own motion, nor waa tho court empowered to punish the appellant | by Imprisonment. Seotlan 651 of the code above j referred to ia decisive upon that point I The decision appealed from must therefore be I reversed. Ashland is in the city. Kaiser is ti. OVER HALF HIS DECISIONS HAVE editor whom the vealy, callow a. BEEN REVERSED. Kaiser, editor of the V alley R ecord of alleged judge, Webster (who is runni. » AHHLAND.O b ..T bcbidat . May 1» 1-92 on the Republican ticket against t. e Uonel B. Webstar, Candidate for Attor* Ashland. The court reversed the deci- j sion of the lower court. This will able, honest and just Georgs Chambt-i Does Oregon Want an Attorney (reneral nejr General—How the Preu Whose Opinion isn't Right i please Brother Kaiser and his numerous . n for attorney general), put in jail for L. R. Webster, who wants to be attor­ Views Him. Half the Time? I friends. — Rogue River Courier. fifteen days and pay a fine of $50. ney-general of Oregon, never had a law We told you so. The Courier says Kaiser's “crime” was that he dared ease in court in his life. Any man who in this broad land of Not the Man Wanted. that it will please Kaiser and his num­ poir.t out in his weekly newspaper some ours offers his name for public prefer­ , Heppner Gazette. May 13, 1892.: erous friends. We say that it will of the faults of the court. For this pre­ ment invites that investigation into his How many men having business to The freedom of tbe press must be please a world of true American citizens. sumption, Webster, with the air of a fitness and worthiness for the position transact in Webater'a court have bad maintained at all hazards, and that is Russian czar, summoned the editor be­ which the lowliest citizen has the sov • their patience exhausted and their trip why thia paper of the people calls at­ A Deterred Rebuke. fore him and ordered him to jail. But ereign right to make. If the candidate to the county seat prolonged in the vain tention to the candidacy of Judge Lionel (Yreka. CaL, Union. May X] An Ashland telegram of May 1, says: Kaiser was not inclined that way and has before l>een honored by public office, waiting tor tbe hour for calling court to R. Webeter, of Jacksonville, who wants The contempt of court case of editor appealed to the Oregon supreme court, high or low, and has a consciousness of come around, caused by tbe pampered to be attorney-general. 5» ben we have given Mr. Webster’s record it is possible Kaiser, of the V alley R ecord , who which tribunal reversed the outrageous having faithfully discharged the trust, count taking bis ease till almost noon, that the voters will consider him totally »nd wanton decision of this Jackson he will not object to an examination of and then finding himself “indisposed” unfit for that office, and vote for a liber- , was sentenced to fifteen days in jail and county tyrant. Webster is a consum- the record he has made. Upon this rec­ fined $50 by Judge Webster, for publish­ because he bad bis high-toned partner to al-minded gentleman. George E. Cham- ing last December a severe criticism of ated excrescence of ignorance, imbecil­ ord he invites his fellow citizens to ilain, of Albany. ity. tyranny and gall, and his nomina­ judge him and by it he must stand or entertain for dinner. Some of our readers may remember the management of the judiciary of this tion by the Republicans on the ticket is fall district, was today heard and reversed i It haa coat Jackson county $12,000 ex- | that Mr, Webeter, as circuit judge down an insult to the freedom of the press, L. R. Webster, judge of the First ju­ in Southern Oregon, took the stand that by the Supreme Court at Salem. ceaa in taxes alone to educate L. R. Web- any newspaper criticising him was guil­ This sounds healthy. It's refreshing one of the bulwarks of our liberty. Web­ dicial district of Oregon, is a candidate iter to that point of legal excellence that ty of ‘‘contempt of court,” and on bis to find a sensible upper court, just now, ster has become so unpopular in Jackson upon the Republican ticket for the high haa enabled him to secure an affirmance own motion, and with himself as com- I teaching a light-brained lower one its county by his display of tyranny, ignor­ and responsible position of attorney gen­ ance and vicious and imbecile decisions eral. The people of this state are en­ of leas than one halt his cases in the su­ plainant, sentenced the editor of the duty. V alley R ecord , E. J. Kaiser, to a fine • that over half the Republicans will vote titled to know whether as a lawyer he is During this time the R ecord reiter­ preme court, and to make him an eligi­ and imprisonment, with himself sitting | A Righteous .Judgment, against him. He is unpopular where he qualified to become the legal adviser of ated the truthfulness of all it had writ­ ble candidate for attorney-general of as judge, jury and high executioner. His [Albany Daily Democrat.) is best known and will be snowed un­ this great commonwealth. We have no ten and printed and openly alleged that Oregon. Do you want your taxes re­ action was promptly reversed by the su­ Some time ago E. J. Kaiser, editor of der so deeply at the June election that better or other source from which to ob­ it could prove even more and challenged preme court, but it shows tbe man, just duced in that wav, voters ? the Ashland R ecord , becoming tired of i he will probably emigrate to Russia or tain this information than from the rec­ Circuit Judge Webster to bring an action tbe same. The < iazette is opposed to the what appeared to him as corrupt prac­ some other clime more congenial to his ord he has made for himself, and to a against the R ecord for libel. anti-republican principle of muzzling tbe Tbe autocrat of all tbe Kuaaias could not i Although circuit Judge Webeter claimed i very brief glance at this record the press. By its potent power, under a re­ tices in the courts of the first district, | tyranical notions. be more freexingly dictatorial than Lord publican form of government, tbe people proceeded to publish a criticism of Judge reader is invited. “Unfit for Anything.” 1 that the reason that he brought the Lionel, wrapped in tne fancied dignity of can rest assured of the continuance of Webster who wears the judicial ermine Toward the close of the year 1883 the editor of the R ecord up for contempt [Marshfield bua.] hie own personality, when presiding on those principles laid down in that price­ on the bench of that district, whereupon was that he proposed to defend his Lionel Webster, the judge who fined office of district judge of the First appellant was punishable as a contempt of the honor, which had been attacked. his temporary throne, the circuit bench less document, the constitution of tbe the irate judge had the recalcitrant and tried to send the editor of the V al ­ judicial district became vacant by the circuit court. United States, as interpreted by those One would suppose that after failing of the first judicial district. Many a matchless statesmen, Andrew Jackson, editor dragged before him and fined him ley R ecord to prison for contempt for resignation of Hon. H. K. Hanna, who Second—Whether said court lisd authority of $50 and imprisoned him in the county was then the able incumbent. A Re ­ A ,J< .'/» ‘ AL jj Ì a SPOT criticisms in his paper is a nominee for its own motion to cite the appellant to appea- to have his honor vindicated when he juryman has had his hesd almost taken Henry Clay, Daniel Webster (no relation jail for 15 days all for “contempt of publican governor then presided over before it and inflict punishment upon him fo~ sat as offended party, complainant, off by tbe irate lord, becauce the jury­ to Lionel} and others. With the press court. ” This Jeffery-like proceeding attorney general. He is unfit for any- the state, and no available Republican the alleged offense. judge and jury that the logic of the i thing. UP FOR THE OFFICE OF ATTOR ­ throttled, tbe would-be autocrats would man’s boot-aqaeaked in open court. The civil oode of this state. Sec. 650, prescribes met with the earnest disapproval of Mr. lawyer was found willing to accept the situation would compel him to do one of rule to our ruin, and therefore, soon what acts and omissions, in respect to a court NEY GENERAL. Fancy it, the presumption of a juryman It Seems So. position. L. R. Webster. Esq., was at voters, tbe < iazette comes out on the side Kaiser the editor, who promptly ap­ of justice, or proceeding therein, shall be two things, viz: Acknowledged what (Portland A. O. V. W. Reporter.) allowing his plebeian boots to squeak in of right, and denounces Mr Webster as pealed the case to the supreme court, that time clerking in one of the dry deemed to be contempt of the authority of the had been said and written about the Some bobtailed lawyer downjin south- goods houses at Jacksonville. my Lord Webster’s court! an improper man for the office of attor­ and the decision of Webster's court was — He He Believes in the Ilivine Rights of court. They are as follows: • • • And it au­ conduct of himself and his court or thorizes every court of justice, and every judi­ of course, promptly reversed. Mr. srn Oregon, who got to be judge by ac­ claimed to have studied law and had ney-general. Judges Ju Fine and Imprison Those cial officer to punish contempt by fine and im­ compel the editor of the R ecord to Kaiser is to be congratulated that in his cident, recently had the editor of th«' just been admitted to the bar. He was Tbe frequent occasions when Web­ Who Criticise His Actions. prisonment or both, but providos that such fine prove it in a civil or criminal action for A Step Toward Fiendish Persecution. person the freedom of the press has been Ashland R ecord arrested and fined for a young man of pleasant manner, reason­ ster’s lazineaa and “indisposition” have shall not exceed I 00, nor the Imprisonment six libel. [Roseburg Plaindealer.] judicially vindicated. Judge Webster contempt of court simply because the months: and that when the oontempt is not one canned him to adjourn court within five Two years have now passed by and For the publication of an “uncompli­ will learn from this that men who don R ecord insinuated that said judge was ably good education, poor in purse, mar­ In its issue of December 12, 1889, T he of those mentioned tn subdivisions land 2 of ried and ambitious. The people of minutes after convening, merely because mentary" article in the V alley R ecord Circuit Judge Webster has never Bee. 650, or subdivision 1 of sec. SIG, which em ­ the judicial ermine are subject to criti­ a dishonest nincompoop, wholly unfitted Jackson county thought of him as a V alley R ecord of Ashland made a powers every judicial ofl*cer to preserve and en­ brought that tetion. tbe lawyers did not show np to tbe min­ a few weeks ago, Editor E. J. Kaiser cism the same as other officials are when for the position he occupied. Does this ■harp criticism of the management of force order in his immediate presence, etc., it There is only one conclusion to be ute, has been a fine thing for the sheriff was brought before Judge L. R. Web­ they get out of the line of honest public mean that the press is to be muzzled for worthy subject and recommended him the First judicial district of Oregon, must appear that the right or remedy of a party reached on the faoe of this situation, for the place. The governor made the and tbe bailiffs, who were enabled to ster on a charge of “contempt of court, ” duty. to an action, suit or proceeding was defeated or _____ telling what it believes to be the truth ? appointment, and though very young over which Lionel R. Webster presides prejudiced therapy, before the contempt can be that Circuit Judge Webeter has created earn their days wages in lees than three and was fined $50 ami ordered to be in­ and without experience in the law, he as judge. The next day Judge Webster, punished, otherwise than by a fine not exceed­ for himself. Royalty Receives an Upset. carcerated in the county jail for fifteen A Blow at the Press. shakes of a sheep’s tail, But, Lord, began the tasks imposed with commend­ the grieviously offended party in the ing $100. Sec. «51. (East Oregon Herald, June 4.) days. We fail to perceive anything (Sunday Mercury ] Section 652 of the code provides that “When a Lord; hasn’t it been rough on tbe liti­ E. J. Kaiser editor of the Ashland If the [tosition taken by young Web­ able zeal and appropriate modesty. For court room at Jacksonville, sixteen miles contempt is committed In the immediate view contemptuous in this alleged contempt gants and the people, who have paid tbe of court article. It is true the article is R ecord , has been released by the ster of Jackson county should obtain in a time the good people of this district or presence of the court or officer it may be from Ashland, in his own handwriting, punished summarily, for which an order must bills! not very flattering to the court, jury or supreme court from paying a fine of $50 this country the czar of all the Russias felt that they had bestowed this great issued the following, to wit: be made reciting the facts as occurring in such bar, but from what we have learned in a and serving 15 days in the county jail possesses but little more authority than honor upon a worthy person and were Immediate view and presence, determining that Out of fifty-four cases appealed to tbe general way, the article is but a sum­ for criticising the acts of the circuit a circuit judge. According to this par­ inclined to view his mistakes with com- I k ths C ircuit C ourt i the person proceeded against is thereby guilty tor > supreme court of Oregon from the first mary of common report, with the excejc court over which Judge Webster pre­ ticular Webster, who happily for the plaicency, feeling that time would fill of a contempt and that he be punished as therein J ackson C ounty . O regon .) W hereas you E J. Kaiser and N. A. Jacobs as prescribed:" and sec. 653 provides, “that In judicial district during the term that L. tion of its allusion to Judge Webster. sided. good name of the latter, is in no way re­ out his qualification by that experience We venture to say that the country lated to the immortal Daniel—judges which must make up the finishing part editors and publisher« of the V alley R ecord , oases oilier than in those mentioned in sec. 652, R. Webster has presided over the circuit We never heard of his being charged a newspaper published at the City o Ashland, before any proceedings can be taken therein, the would be getting rather despotic and may be corrupt as Satan himself, and of every man's education. facts constituting the contempt must be shown court of that district, M eaten hare been with being a corrupt man. We have In this, however, the people were to Jacksoh County, Orexon, on Thursday the 12th by an affidavit presented to thecourt or judicial tyrannical when the press would be de­ affirmed, 23 reverted and 5 modified. Leu heard him condemned as wanting the re­ prived of the right to criticise, or call the newspapers must not apprise the lie sorely disappointed as the sequel will day of Deoember, 1889, in an issue of the said officer, Here is something from Mr. Frank and thereupon such court or officer may V alley Recoin published on said day did than one-half of hit eaten ham been af­ quisite knowledge and experience to fit the attention of the public to any judi­ people of the fact. The decision of this show. At the first genera! election he publish of and concerning the above Court and either make an order upon the person charged, A. Hale, proprietor of the De Witt Lionel R. Webster strikes the press a the Judge and officers thereof tbe following, to- to show cause why he should net be arrested to House, Lewiston, and the Tontine firmed. This same Webster is candidate him for so important a place as inter­ cial acts it believed to be wrong. answer, or issne warrant of arrest to bring such blow no less severe than it does the en­ was elected to fill the unexpired term of wit: Hotel, Brunswick, Me. Hotel men tor attorney-general of Oregon. Is be preter of the law. This may or may not two years, at the end of which being “The cirouit judge has ordered an investiga­ person to answer in the first instanoe.” tire people. The public looks to the be true. The man of long experience in The People Will Not Stand It. Section 655 provides that “In the proceeding meet the world as it comes and goes, still on probation, he was again nomina ­ tion into tbe why» and wherefores of a material qualified tor the position of legal adviser any art or profession aside from good [Crescent City, Cal., New«, Jan. 36, Judge Lucas newspapers for information. If a pub­ ted and elected because of the weakness witness disappearing in a criminal ease in the State is the plaintiff: and that in all cases of and are not slow in sizing people tor the whole state ? Voters will answer natural common sense, sound judgment lic officer is corrupt, fails to perform his an able lawyer, editor.] which his important testimony was needed to public interest, the proceeding may be prose­ on June 6th. E. J. Kaiser, editor of the Ashland, duty or violates the confidence reposed of his opponent and the good natured convict While the honoiable courtis at the cuted by the district attorney on behalf of the and things up for what they axe and honest purposes, is no surety against investigation business, it miaht not be more State, and that in all cases where the proceeding worth. He says that he has lost a wrong doing. We would far rather Or., V alley R ecord , has been sen­ in him, the people expect the news­ It there ever was a man whe had good trust an honest man of good judgment, tenced by L. R. Webster judge of the papers to expose him. But Lionel R. indulgence of the public to whom, up to than common justice to ro iiir-- he wholesale is commenced in the relation of a private party, father and several brothers and sis­ this time he had displayed a reasonable business of investlgatie; -i. ..nd everybody such party shall be deemed a co-plaintiff with fortune thrust upon him, that man has minus experience, than an educated fool first judicial district of Oregon, to pay Webster, a gentleman with a very ters from Pulmonary Consumption, sense of that chiefest of all virtues, grat­ else connected with tnc management and the State.” These various sections oi the code not only and is himself frequently troubled been L. R. Webster: if there ever was a or an experienced rascal, skilled in the a fine of $50 and serve 15 days im­ stylish English cognomen, sets up the itude. After this election he settled manipu:ation of the jurisprudence of Southern provide what acts shall be deemed contempts, man who thoroughly despised the hand technicalities of the law. Bnt to the prisonment for alleged contempt of plea that judges must not be criticised— himself back in his judicial seat with an Oregon. If some of the methods employed and point out the mode of procedure for their with colds, and he cou d lie sifted to the bottom, a system of de­ that did the thrusting, and took the first • contemptuous language of the article court. The contempt consisted in the but they have free license to practice air that bespoke a sense of security for bauchery would be unearthed that may be very punishment, but strongly indicate that when Hereditary often coughs enough food opportunity to show his contempt under consideration, if we properly un­ publication of an article criticising the corruption, if such be their desire, and the coming six years and gave growing warm and interesting to some of the executors. the act constituting the contempt is not com­ to make him sick at tact then the evidence would be laid bare to mitted in the immediate view or presence of the Consumptionhis stomach. When­ and ingratitude for those who boosted derstand it, there is nothing worthy of manner of administration of justice in editors must not say them nay. If Edi­ evidence of a forgetfulness of the lowly In court or officer it must be such a one as is calcu­ the i>eople of Southern Oregon and they would Jackson county. The article is pointed tor Kaiser libeled Mr. Webster, why did station from which he had been lifted know just why one man can be convicted of lated to affect the right or remedy of a party in ever he has taken a him into a position where he felt at lib­ punishment other than such as an en­ lightened sentiment would visit upon and severe, and if the charges are un­ he not proceed against the newspaper and the indulgent patience of fr.' ids to murder in the first degree—and “hung by the litigation. cold of this kind he uses Boschee^ erty to play tbe czar, and lash his op­ Section 651, which limits the punishment to a true might be the subject of a libel pro­ man in the regular way ? This he had whom he owed his good fortune. neck until he is dead”—on strong circumstan­ the offender. ponents into subjection, that man also evidence. And why another crime of the tine not exceeding 8100, unless it appear that the German Syrup, and it cures him The language is not the most com­ ceeding. but it contains that class of an equitable and legal right to do, and He soon discarded those little virtues tial Here is a man who Barre foul magnitude is committed and the right or remedy of a party to an action, suitor every time. has been L. R. W. He truly has “done mendable of the court, and may tend to matter which the general public is inter­ i;he newspapers would have upheld him that had attracted friends to him, and co.irts fa 1 to fiud the author when the circum­ proceeding was defeated or prejudiced by the knows the full danger of lung trou­ enough for southern Oregon.” Now let ■how that the court, jury and bar have ested in, and is therefore within the in this position. But for him to appear apparently with premeditation with­ stantial evidence that made the lint man contempt clearly shows this. If this view be correct it follows that unless bles, and would therefore be most southern Oregon give it to him in the not acted with “the fear of God before scope of legitimate criticism of public as prosecutor, judge and jury, places drew himself from the kind offices and stretch hemp was far less convicting in its oir- than was the case that the the matter published by appellant constituted a particular as to the medicine he used. neck, and pay him off in his own coin. their eyes” in Jackson county. If such servants, and does not in any sense come him in a position that both press and recognition of those who so aided him cumstantialneBs contempt under s ibdivisions 1 or 2 of said sec. blind Ooddcss of Justice oould not find guilty. Nine-tenths of our citizens now enter­ be the facts as stated, the V alley within the class of offenses designated public will condemn. If this case is in the days of his need. A stiff bow and Why attorneys oan offer bribes to even such 650, or under subdivision 1 of sec. »14, or effected What is his opinion ? Listen! “I properly attended to the probability is an air of superiority usurped the place ; august personages as grand jurors to bring in or tended to affect the riglit oi a party to a liti­ use nothing but Boschee’s German tain fully as heartv a contempt for Web­ R ecord has done a good thing for the as contempts. landing in said court, or before the judge Syrup, and have advised, I presume, A contempt is the act of disturbing a that Webster will soon be retired to where was before a frank and hearty suitable verdicts. And why—yes, why a lot of gation people of Jackson and may serve a noble ster as he dare entertain for the men who other things ju-t as queer, irregular and deli­ thereof, it does not come within the purview of private life. purpose by showing the way of trans ­ court whilst in the act of performing its salutation. His friends have with vexa­ cate, and “too numerous to mention,” are occur­ the code. But counsel for the resjHiudents urge more than a hundred different per­ once sought to raise him from inedicancy gressors to be hard. It is said. “ The functions as such, or disobedience to ita tion often remarked this foolish young ring as periodically as there are exigencies that a court of justice has power to punish for sons to take it. They agree with Should Pull Out for Russia. to affluence. The score will be even and that its power in that respect licentiousness of the press is the pala- lawful process or mandates. A few iso­ me that it is the best cough syrup man's unmistakable notion that all be­ that make them. In fact, the court would have contempt, [Oregon Scout, Maroh 13.) when Webster is beaten in a state hav­ dium of our liberties. ” When you muz­ an all year’s job on its hands. The practicing cannot be limited by statute. low him are of “ the common herd ” and ® There is an alleged judge in Jackson This is undoubtedly true so far as It is neces­ in the market.” condition of jurisprudence in this section of tbe ing ten thousand republican majority. zle the press you pull down one of the lated instances have, however, occurred county, by the name of L. R. Webster, that he views them from a lofty station. world is as oorrupt and criminal In its methods sary to maintain order in the conduct of its where the courts have attempted to Let the people of Jackson county see to strong pillars of onr republic. If Mr. who should emigrate to Russia at his This is no picture for campaign purposes (in proportion to population, amount and mag- business and in the enforcement of its jurisdic­ it that he does not have this section to Kaiser has done anything wrong, it is avoid exposure and criticism by a resort earliest convenience, as the methods of but a truth that can be vouched for by nitu ie of crime and nurse of criminals) as it is tion. to the summary process of contempt Tile legislature could as well abolish the courts the cities where the eases are regularly tbank for saving him from defeat. more in the nature of a libel, for which proceedings, but in no case that we know that country would exactly suit his taste two-thirds of the people of Jackson in “handled” by the political boss who “makes” outright as to deprive them of the right to pun­ ish for contempt, those who Impeded, obstructed he should be tried, if at all, and if found and the Oregonians have no earthly use county, who as American citizens re­ tbe officials, “fixes” the juries and attends to The coot of making a tenth-rate judge guilty, punished, but the plea of con­ of have the sovereign people submitted for him. He recently fined and impris­ gardless of party will rebuke such as­ the case for a large sum. These irregular and embarrassed the administration of the law. without a vigorous protest against the It would i aralyze their functions and render methods are becoming so numerous that it out of a fourth-class pedagogue has bad tempt of court we regard as frivolous usurpation, and it is safe to say that tbe oned the editor of the V alley R ecord sumption by an exercise of their sover­ seems as though they have cnsoysted themselves their process orders, decrees and judgments mere no little to do in piling up of the county and smacks somewhat of the star independent spirit of free America will for expressing his opinion of the way eign wills at the ballot box. upon, and arc part of, the—unwritten—works brutem luliuen. But whether they possess inherent authority debt that now harrasses our people. chamber court over 400 years ago, or of never sanction any principle that will public offices were conducted in the Such conduct will suggest to any think­ of Blackstone. “This is one of the conditions end dangerous to punish as contempt, acts which do not affect When a man of such superlative "dig­ Jeffrey’s Bloody Assizes in 1685. shield the dishonest biggot or unprinci­ county, Webster is certainly the most ing person an intellectual shallowness consequences causes actually pending before them, although of the political methods in vogue nity” as Webster boasts is given the op­ pled tyrant from the just criticism of colossal figure of arrogance, stupidity inconsistent with the idea of a sound in Jackson county, an immediate result of the acts tend to degrade the court and bring the Lionel's Native Modesty. vindictiveness and meanness to be found and lofty legal mind, and the record will which is shown in the shameless way in which administration of justice into disrepute, has (Yamhill Reporter.) his peers. portunity to spread himself at the public never been conceded in this country. verify this conclusion. To prove this a its representative officials are allowed to sell out Counsel for respondents have cited in support in the state. Apparently Judge Webster of the Ash ­ expense, tbe little matter of dollars and their constituency for a beggarly fee. Another Should be Contlemed. reference to the Oregon supremo court of that doptriue, from the American decisions, direct result of this state of affairs has plaoed an Will Stand by the Truth. cents out of the people’s pockets cuts no land district has not scored so many [Portland Mercury.) reports shows that since Judge Webster indebtedness of from I100,OCG to 1150.000—such a State vs. Morrill, 16 Ark. 384 and Stewart vs. Peo­ points by imposing fine and imprison­ [Portland Daily Oregonian. ] ple, 4 III 485; but it is well understood that the figure in his calculations. The dignity of ment upon the editor of the V alley Editor Kaiser of the V alley R ecord , Not long since the V alley R ecord of has been on the bench in this district, magnitude that no one does know the exact courts of the latter state have sinee held quite the man who presides in the court must R ecord for contempt of his court in a live Ashland newspaper, has occasion amount—over the county, that is bearing prac­ to the contrary. out of fifty-four cases decided by Ashland published an article in which, tically ten per cent. Interest (mighty large re­ be preserved at any cost. We have never having the temerity to offer an unfavor­ now to remember the arrogance of the among other things, it was stated that him and appealed to the supreme court, turns In State vs. Anderson, 40 Iowa 207, the supreme and safe investment for big capital}—and court of that state held, that the publication by kaiser. The kaiser is a sort of a double- twenty-three have been reversed, five had time to figure ont just what his ex­ able criticism. About every paper in no effort is being made to keep it from climbing an attorney of an article in a newspaper, criti­ “the practicing condition of jurispru­ periment of hauling up the R ecord cost the state outside his imperial jurisdic­ barrelled. stem-winding nalxib who runs dence in this section of the world is as modified and twenty-six affirmed. Less right aloifg up. cising tbe rulings of a oourt in a cau-e tried and “When will the oupidity, iudiflerenceand lack the people of this county, but it involved tion has had a word to say, and not in things about as he pleases in a country corrupt and criminal in its methods (in than one-half of his cases have been af­ of courage of the people in public affairs cease, determined prior to the publication, did not that don't amount to much except to constitute contempt punishable by the court, firmed. end an effort made to at least put a check to and referred approvingly to Dunham vs. a nice little fee out of the county treasury terms always complimentary. A judge kaisers. For kaisers, however, it does proportion to population, amount and No comment is needed. No lawyer these grasping vultures'.' ” will generally do well to keep order in magnitude of crime and purse of crim ­ State, 6 Iowa 245, in which it was held that the for his pardner, Hammond, whom he who is mistaken more than half his time It is therefore now hereby ordered that you publication of articles in a newspaper, reflect­ his court and see that its functions are first-rate. There the highfalutin swine never forgets to remember when be can well oiled and in running shape. If his can grunt and woe to him who dares say inal) as it is in the cities where these is a fit person to be the legal adviser of and each of you be and appear before said Court ing upon the conduct oi a judge in relation to a at the Court House in Jacksonville, said county cause pendingin court,which had been disposed do so at the public expense. The brace native modesty doesn't restrain him him nay. In this country, however, cases are regularly ‘handled’ by the a whole state. and State, on Monday, 16th December, 188», at 'J political boss who ‘ makes ’ the officials, before the publication, however unjust and Kaisers dare not even chirrup. If they of "bench workers” did not know from attempting to sit as judge and jury But this is not all. The complaint is o’clock in the forenoon, then and there to show of libelous the publication might be, did not ‘ fixes ’ the juries, and attends to the case enough law between them to make tbe in seeking redress of his own grievances, do they are jerked out of their trousers, for a large sum. ” For this the circuit almost universal among the people of cause if any you have why you should not bo amount to contemptuous or violent behavior to­ punished for contempt of said Court for having case stick. he can learn a good deal of tvisdom by fined and imprisoned. At least this has judge, Lionel R. Webster, hailed the this county, regardless of party, that so published and circulated the matter above wards the court, under chapter »4, cods of 1851 of that state, nor that such articles were calcu­ been the experience of the Kaiser of the his administration as circuit judge has | set out as aforesaid. sitting down on a pin. lated to lni|>ede, embarrass or obstruct the court V alley R ecord . Not being a coward, editor, E. J. Kaiser, before the bar of entailed a large and useless expense, as When Webster was first placed on tbe Done in opeu Court on Fridav, 13th December, in the administration of the law as to justify tbe justice and sentenced him to $50 fine 188». LIONEL K. WEBSTER, he dares to preach the truth and defend the records will also show. summary punishment of the offender under bench, be was so ignorant of the first Unfit to Be n Judge. Judge. the helpless. For this offense it is and fifteen days imprisonment. If Judge th at chapter. The records show that for the fiscal principles of law that he was compelled [Salua Dally Statesman, May ». The Reply. I Webster thought to muzzle the press by The inherent power of a court of justice to Said writ was issued on motion of hia Honor punish parties for contempt, who commit acts There was a decision of the supreme sought to punish him. If there is an this operation he was mistaken, for the year ending July, 1885, the cost of run­ to take every case that came before him editor in Oregon who would not condemn ning the circuit court in Jackson county Consign your Wool to a re­ the said Judge and without an affidavit or other which have a direct tendency to obstruct or “under advisement.” He continued the court on Thursday on an appeal from such a high-handed outrage, the puerile R ecord this week reprints the objec­ alone, exclusive of the sheriff s and complaint containing a statement of the facts embarrass its proceedings in matters pending Jackson county from a decision by tionable article entire. practice after be learned something about the alleged contempt having been before it, or to influence decisions regarding idiot and craving coward should hide clerk's fees for the same time was twelve constituting presented to s dd Judge or filed in said Court. such matters, is undoubted; butit can hardly be sponsible Wool House located judicial procedure, because he haa Webster which has attracted much at­ his head in shame. JFfe is not worthy of thousand two hundred and twenty dol ­ Service of said writ having been made upon maintained, from tbo adjudications had upon Hot Shot at an Alleged «Judge. simply been "farming” the bench for tention in southern Oregon and through­ his cloth. lars and sixty-six cents ($12,220.66); the E. J. Kaiser one of said defendants, he subse ­ the subject in the various states, that such [Portland Welcome.) out the state. E. J. Raiser of the .Ash­ quently, to wit: on the 17th day of December, political purposes, and the practice of land R ecord , referred to the conduct They have an alleged judge down in clerk’s fees incurred in circuit court IB 9, filed in said Court the following answer, power is broad enough to vest in the court the at the chief market of the We Will Know Soon. authority to so punish any one for criticising taking cases under advisement worked and actions of Judge Webster in an un­ Je,'}:son county whose wings need clip­ business for the same time was $831.55, to-wit: [State Democrat, Salem.) tbe court on account of its procedure in matters and the sheriff's fees about the same, In the Circuit Court for the 8tate of Oregon so well in allowing public feeling to die complimentary manner, whereupon ping, to say nothing of his ears. The which have fully terminated however much its Judge Webster on the 6th inst. fined and County of Jackson: making a total of about $14,000 for that dignity and standing may be affected thereby, Coast, and you will find that out that of late years he has carried these Webster hauled him np for “contempt” E. J. Kaiser of the V alley R ecord for editor of the R ecord had the temerity An order citing E. J. Kaiser and N. A. Jacobs however unjust, rude or boorish may be the one year alone. The next year it reached to criticise in his paper a decision made of court. Webster eat with autocratic contempt of court, said editor Kaiser tactics to such an extent that a case to appear and show cause why they should not criticism; or whatever may be its effect of over $7,000, the next about $7,000 and be punished for contempt: that bad been argued and submitted was power in a case to redress his own griev­ having in the iasq# of his paper of Dec. by this august personage, and forthwith bringing the administration of the law into dis­ it will pay you so well, that the following year it approximated $6,- E. J. Kaiser comes and in answer to a citation in danger of sharing tbe fate of a meri­ ances. He convicted Kaiser of con­ 12th published u defamatory and con­ he is held for contempt of court. Per­ 000, making a sum total of $28,000: and issued out of the above entitled Court and here­ repute. In any event it seems to me that the legisla­ haps the “jedge” is unacquainted with tofore served upon him: torious congressional matter that has tempt, the “ contempt ” consisting in tell­ temptuous article implicating and de­ ture has the authority to limit the power of Says that he is engaged in publishing a news­ courts in regard to matters of contempt, to tbs you will continue to send us ing the truth about the judge. Of faming the good name of said Webww the fact that one of the greatest boasts this does not include the salary of $3,000 been argued and submitted to a standing course the decision was reversed, Chief and judge of the first judicial district of of ^meric^ is “the freedom of the a year paid by the state to the judge. paper of general circulation at Ashland, Oregon. punishment only of such acts as are specified committee, and then "dies in the com­ Justice Thayer rendered an able opinion, Oregon, contrary to the statutes thereof press, * and if .conceited bucolics like the As near as can be obtained from the That in publishing “aid article thatappears in in the sections of the code above set out. citation he did not make any reference to Nor can I discover any reason why the legisla­ mittee room.” Cases have been argued of which the syllabus appeared in yes­ in such cases made and provided. He one in question are to prasti£gfe law and record the aggregate cost of the same said any action or proceeding then pending in said ture does not possess authority to prescribe the your business .¡¡(Our charges and submitted of which be had become terday's Statesman. Judge Webster’s fixed poor Kaiser's fine at $50 and 15 strive to rob the people of one of their I court for the past four years not includ­ Court, or before any Grand Jury. Nor was there mode of procedure to be observed by the courts utterly oblivious, and concerning which foolish action in this case would indi­ days in jail a«d then released him on his "inherent rights, "the sooner he or the ing the judge’s salary has been approxi­ any Grand Jury in session at said time as de­ in the exercise of their powers to punish In such mately $16.000, an average of four fendant is informed. That said article was, so for handling Wool are reason­ be could recollect nothing at all when cate that he is unfit for his high posi- own recognizance. Kaiser will appeal country collapses the better. The pre­ | thousand dollars a year, Assuming $4,- far as the same relates to the Courts of this cases. The proceeding is not a persons I matter of the ponderance of ballots favor the snowing and Webster will get pealed and learn a criticism of past acts therein, and the court; the state is a plaintiff in all cases of that urgent litigants humbly asked bis might­ tion. j 000 to be a reasonable average cost per County, same was not intended to have, and would not character; but when the acts constituting the not to answer until he's called. Our boast under of the alleged judge. iness for a decision to be rendered, after Judge Webster's Mistake. year, we have the modest sum of $12,000 have any tendency to interfere with the proper contempt are committed in the presence of the able and we have been Wool is of a free country and a free press. months of tedious waiting for the court [Dally Oregonian.) and unbiased administration of the law in any court it may take judicial cognizance of them paid by Jackson county alone for the Jude« and Kawcpajier. or cases then, or now pending in said Court, I and inflict summary punishment. E. S, Kaiser, editor of the Ashland Sea to it friend Kaiser, that we have to feel disposed to guess at the merits or priyilege of educating this promising case [Yreka, CaL, Unio».] one, and that the rights of freedom are and that said article was uublished only as the It is however required to make an order recit­ Sellers in San Francisco fof R ecord , is feeling very good over the Judge Webster, of the district in young man to that standard of legal defendant believed in the intere t of society, ing the facte as occurring in its immediate view demerits of the case. With a few more not abridged. We fail to see that Web ­ Webeters in public life in this state, its action of the supreme court, which re­ ster’s official or private acts should be which Ashland is situated, took excep­ ability that has enabled him to get and defendant earnestly disclaims any inten­ «.nd presence and determine that the person pro­ versed the decision of Judge Webster of tional disrespect toward said Court or the offic­ ceeded against is thereby guilty u! a contempt 25 years, therefore you can people would retrogress to a camas dig­ Jackson county, who fined the editor $50 any more secure or exempt from criti­ tion to something that appeared in the almost one-half of his cases affirmed by ers thereof in the publishing of s id article. and that he be punished, etc. the supreme court and to make him V alley R ecord , denominating it “ con- ging basis in a very few years. The and fifteen days imprisonment for criti­ cism than any other citizen’s. If his And further answering, defendant avers that As I view the said section of the code, they are eligible tor the new and important trust , tempt of court ” and sentenced editor «aid Court has any jurisdiction of the person of little more than declaratory of the law upon the country has bad enough of Webster. cising the doings of the circuit court judicial position or prerogative sur­ this defendant under this proceeding. subject of contempt as understood by a largo rely upon getting the best of I Kaiser to fine and imprisonment. No- of legal adviser of the whole state. Let’s fire him so far out of the state that over which he presided. Webster is a rounds him with a cordon uf protection And denies that this Court bus no jurisdic­ portion of the courts of the several states at the It must not be forgotten that we are . tice of appeal was given and he is loose he will never have the hardihood to show young man and made a mistake as to and makes it treason to speak of his acts foy the present on his own recognizance. only presenting the figures for Jackson tion to punish this detendant or to adjudge him time of their adoption. They provide every in contempt for the nublishing of said article means necessary to tbe preservation of order treatment. the extent of his power to punish un­ through the public press, we want to his head again in public. county alone and that during all this set forth in said citation. It strikes us that since that outrageous know it so we may avoid similar calam ­ and decorum in tbe presence of the courts of complimentary newspaper criticism. AU of which is respectfully submitted. the state while engaged In the tranaaction of killing of Terry »uU ih_e following cir­ time Judge Webster’s jurisdiction has ities of ourself. IFvBTHrB E ditorial on P auk 5.) E. J. KAI3ER. their business: for the enforcement of obedience Advances up to full limits cumstances. “light-headed“ and vuinar- ' extended over three other counties, their lawful judgments, decrees, orders and A Lawy.r-Edltor vptaion. Should Muzzle The Judge. The R ecord ' s editor was represented to able judges are apt to mistake their mis­ yhiph it may be reasonably inferred He Is Justly Disliked. processes, and for the performance of offioial The city editor of the Crescent City by Hon. H. K. Hanna, an able lawyer duty upon the part of their officers. East Portland Vindicator. May 7. 1892. sions and powers, especially in the mat­ have suffered from like causes. !Portland Dispatch. May 18, 1892.| News is a lawyer. He says: Aside from the expenses above re­ who has graced the bench of the first Whether, therefore, the said matter published of value on consignments, ter of muzzling a free press. Something Tbe press of Oregon baa no partiality The republican candidate for attorney “Hon. H. K. Hanna of Jacksonville ferred to, and which sound in taxes judicial district with ability. Circuit by the appellant constituted a contempt, dor for Judge Lionel Webster. He has re­ general is L R. Webster. He is a man attorney for E. J. Kaiser, defendant in of this cbtua.t^r has been shown of late upon the people, a still heavier ex­ Judge Webster combined in himself the pends upon whether it falls within any of tbo in San Francisco, Jhe entire press of ceived tbe cold shoulder as a general who felt grieved, when circuit judge, be­ the contempt proceedings instituted by cases specified in said sections; ai4i whether the pense been incurred by litigants following functions: Offended party, circuit court had authority of its own motion to when owners require it. thing, and be ought to be anowed under. cause an editor of Ashland criticised ' tbe State should rebuke it. A worthy I in civil has suits and actions arising from an irate •judge, has filed a brief in «he complainant, judge and jury—the dis­ cite the appellant to appear before it and inflict Here is wbat the Corvallis Times has to some of his official acts and he had the I uj?d capable judge has nothing to tea»- ■ay; "Lionel Webster, the republican scribe brought before him for contempt. , Supreme Court of Oregon that will let ! from • respectable newspaper, and ' nnnee«BS3r'.’ delays that could and trict attorney not appearing in tile case upon him the punishment imposed, depends Correspondence solicited. whether the offending was done in the im­ candidate for attorney-general, is the After a farce of a trial, in which the the bottom out of Judge Webster’s pro­ - should he lie tasji'ûonsly attached by would have been avoided by an expedi­ in Webster'» court. Lawyer Hanna, on upon mediate view end presence of the court. gentleman who tried to send an editor in judicial autocrat bad everything his own ceeding». It is well enough that it 1 the other sort, for acts uu the bench, he tious judge. It is a well known fact i behalf of the defendant editor, made a The publication, according to thegeneral defi­ southern Oregon to prison for criticising way, the editor was found guilty and should.'' given by Blackstone and by some of the ; ready remedy. We are not fully that the court in Jackson county grinds full exposition of the law and thorough­ nition hia judicial acts and was only prevented Judge Webeter gave him a heavv sent- uri/j; an exasperating slowness and that ly ventilated the rank injustice of a more modern law writers upon the subject, Voters, it is your duty as self respect- ; Rdvis “ '? tasfo thv Webster and R ecord proljablyw-onstitute contempt; but under THOS. DENIGAN, SON & CQ., by the supreme court. Nearly every l enee. That is tbe kind of a man Webster cases argued and taken under advise­ judge using his contempt of court; would the code of thlsgtate it does not; nor do I think to Relieve that the paper in the state then commented on I is. He would muzzle a free press, and 1 ing, free American citizens, to go to t*« ‘ luattrf. bat are ment are sometimes held until forgot - it Mould according to the weight cif decision» authority to jail and fine an editor for a his personal bigotry and he has done the free press of Oregon siuaùd muzzle polls on June 6 and cast a ballot against judge 132 Market Street, |en, and it is confidently believed that criticism of himself and his court that Blade Under the constitutions-of tlre -varioul nothing since to change their opinion. I him. No self-respecting paper will sup­ Lionel R. Webster. Relegate him to ■tales. ■ ie . ■ many »ovorsals might have been avoideq should have been proceeded against and George Chamberlain is bead and shoul­ port him for any position unless it does ; ifee .obscurity he deserves. If it had reflect«! upon the conduct of the A Judicial Ignoraran», San Francisco. tried as a libel case, wherein a proving court with reference to a pending suit and tend­ 1 uiwWpi 4£ci4W P? these case* der« above all such narrow-minded ^en the same through fear of being prosecuted [Roseburg Review ] ' — tula argweqbi pjt»- Au< musing. and be ia worthy of your vote for tbe if it dosen’t. ed in any manner to influenpe its decision there­ up of the charges before suma disinter - ■ The contempt case of the State vs. E. been given ” —«nd» af tfo, wted judge and jury would be a defense in, it wpuld uuquestiuuai^y have been a con­ Mark Shipments poaltion.” Among the many aiinnusing evt^ts tL_. i • ba t J. Kaiser was last week decided in favor tions were fresh in the tempt, but it was not shown that any sulf <|4 _ John ljusglmnour, of Colusa countv, lias will take place at tbe Hand Band Boys Bence» Beneh« „T Ti i uons v unblicatiou. i then pending by which the rights of any llti- kill be _ a laughable oi vflfondant by tbe Oregon supreme court, .. If you haven't seen the new $25.u0 grand ■, been in the valley ior the purpose of purch- at opers bouse Mav 20. wT 1 T. D. S.&CO.. The leading pncuic uien in the county j gant were or could have been affected by it. tarce entitled entitled -My "My Turn Turn Next. Next. ” ” Sixty court, the finding oi the lower court I ! t » j Crocker Grocery Co. handle the best prize, baking powder, hurry arouad to the J asing a couple esir loads of mule?. He farce The Xhff ^cJsitjjgif ttabiS lAAt tfe> flgipthM Of >tkrted for home yhsterflay Opera Meuta Ureoery. side-splitting joy for fifteen being reversed. That so-called into ‘ ranch butter only. S.F. E. J. KAISER, Proprietor. WHAT THE STATE PAPERS THINK I gon on May 1 handed down its decision i in tbe contempt case against E. J. OF IT. “German Syrup” i M a — j *-