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The day book. [volume] (Chicago, Ill.) 1911-1917, May 13, 1914, NOON EDITION, Image 7

Image and text provided by University of Illinois at Urbana-Champaign Library, Urbana, IL

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83045487/1914-05-13/ed-1/seq-7/

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some utterances' of Gompers in
speeches and editorials.
Not long ago a lawyer called my
attention to the law of contempt so
far as it applies to federal judges. It
is brief and explicit, and under that
law there can be no contempt of
court except in the presence of the
court, or so near thereto as to inter
fere with the administration of
justice. -
Conteihpt of court was thus de
fined by Congress right after a fed
eral judge in one of the Southern
courts had sent an editor to jail for
Under the law, and it is the only
one on the statute books pertaining
to contempt, Gompers was free to
write and say anything he pleased
about a federal judge, so long as he
was not in contempt in the presence
of the court, or near enough to inter
fere with the administration of
Legally it is much easier to be in
contempt of a country justice of the
peace than to be in contempt of a
federal judge.
When Justice Holmes defines con
tempt as a crime, and considers the
acts of Gompers, Mitchell and Morri
son contempts, it is a judge-made
crime and not a law-made crime he is
talking about..
If'a judge wants to stop some
thing and there is no law on the
statute books to give him the power,
he makes a handy little law of his
own by issuing an injunction prohib
iting somebody from doing some
thing that isn't a crime.
Then if the fellow disobeys the
judge's arbitrary order, or injunction,
he is yanked up before that august
and swell-headed personage and pun
ished for disobeying the judge. The
crime was created in the judge's
That was also a cute little trick
that came handy often to crooked
judges who wanted to deprive citi
zens of their constitutional right to
a trial by a jury of their peers.
If contempt for contemptible
judges and contemptible courts is a
crime,-then crime is darned near
unanimous in this country; and if the
will of the people is law, then con
tempt of court is lawful; and it fol
lows that this "crime" is legal.
This decision settles this particular
case 'because the Supreme Court gets
the last guess on what the law is;
and a count of noses revealed the fact
that a majority of the gowns voted
to stand by the statute of limitations
and escape going on record as to the
matter of contempt
"There are two sides to everything. You have given one side when you
write of the mother of the illegitimate child, but we women physicians who
try to do what we think is best for the mother and the child, who act purely
in the spirit of humanity, should have our side heard, too." '
The speaker was Dr. Frances Dickenson, a director of the Mary
Thompson Hospital, who had sent for me to tell me the true story regard
ing the adoption of the baby which Vida Hagen had just returned to her by
"a decision of Judge Owens, after it had been adopted by foster parents who
had never let any one know it was not their own flesh and blood.
"Quite a little criticism has been given Dr. Louise Acres in this mat
ter," Dr. Dickinson continued. ."And I do not think the criticism is fair.
On the day of the trial I approached Mrs Catherine Waugh McCullough,
who has been carrying on the fight of the mother to regain the child, and
1 said to her- -
'"Wflat aie you trying to dd, Mrs. McCuhough? Take a child that has

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