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 *-