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Evening capital news. (Boise, Idaho) 1901-1927, January 02, 1913, Image 1

Image and text provided by Idaho State Historical Society

Persistent link: https://chroniclingamerica.loc.gov/lccn/sn88056024/1913-01-02/ed-1/seq-1/

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f the New Year's Is
sue of the Capital News
to your friends.
Rain or snow tonight
or Friday; warmer.
No. 168
Publisher and Editor
Sentenced to County
pi. H '
' AU,
R. S. Sheridan, C. 0. Broxon and A. R.
Cruzen Are Sentenced to 10
Days and Fined $500
Richard Story Sheridan, owner and publisher of the
Evening Capital News and C. O. Broxon, managing editor
of this paper, were found guilty this morning by the su
preme court of the state of Idaho, which sat as aecusor,
judge and jury, in the ease wherein they were charged
with contempt, and sentenced, by a majority opinion, to
serve 10 days in the Ada county jail and pay fines of $500
each, in default of the payment of which execution was
ordered levied to collect it.
A. R. Cruzen, charged with being a part owner in the
Capital News and with the control and dictation of the
policies of the paper, but who is shown by the sworn
statement, made in accordance with federal laws, to
neither own stock, an interest in or bonds of the publica
tion, was found guilty of the same charge, sentenced to
servo 10 days in the Ada county jail, pay a fine of $500,
and in addition pay the entire cost of the proceedings, the
witness, clerk and bailiff fees amounting to probably $250.
Under tHe sentence of the court, the
three men were ordered to start serv
ice of their sentence today, and were
delivered forthwith over to Sin riff Rob
erts of Ada county, who, although un
der his oath of office is required to
treat all prisoners alike was given spe
cific instructions by Chief Justice
George H. Stewart to treat the defend
ants ac common prisoners, the same as
he would treat other prisoners, and to
see that they were given no liberties
except those that other prisoners re
ceived. Sheriff Roberts had been sum
moned to the courtroom and was pres
ent, Sheriff Roberts stepped forward,
and was given the custody of the pris
Dissents and Concurs in Part.
Justice James F. Ailshie dissented in
part and concurred in part with the
majority opinion of the court. He held
that A. R. Cruzen, as shown by the evi
dence, was not an owner of, or in con
trol of the policy of the Capital News,
and therefore could not be found guilty
of contempt. He concurred with the
majority of the court in finding R. S.
Sheridan and C. O. Broxon guilty of
contempt, but dissented in the Jail sen
tence, holding that no jail sentence
should have been imposed, and only a
nominal fine should have been fixed by
the court.
In delivering the defendants over to
the sheriff. Justice Stewart instructed
him to permit them to attend to their
business affairs before starting the
service of sentence, while in company,
however, of the sheriff or deputies.
Sentence was passed shortly after 11
o'clock this morning, and by noon the
three defe ndants had become the guests
of Sheriff Roberts at the county jail.
The three prisoners were placed
the same large cell in the county jail
in which William D. Haywood, Charles
H. Moyer and George A Pettibone ol
Western Federation fame, arrested as i
accomplices in the assassination of
Governor Frank Steunenberg, occupied
while prisoners in the state of Idaho.
Opinion Read by Sullivan.
When the court opened this morning
shortly after 10 o'clock, the majority
opinion was read by Justice Sullivan,
who, in a strong, clear voice, em
phatic Jit times, made significant ref
erence to parts of the opinion and the
evidence. It took over an hour to read
the decision and then Justice SullHan
did not read the complaint and the
newspaper articles held contemptuous
or the famous telegram issued by
Theodore Roosevelt in an appeal to the
people of Idaho protesting against and
criticizing the supreme court's decision
striking the Roosevelt electors from
the ballot.
Justice Ailshie followed with bis dis
senting opinion which he read from the
bench and Chief Justice Stewart then
ordered the defendants to stand up and
receive sentence.
Mr. Sheridan was the first defendant
called upon. When asked if he had any
legal reason to give why sentence
should not be passed, he replied that
he had not. Sentence was then passed.
Mr. Broxon was next commanded to
stand before the court to receive sen
tence. He was asked the same ques
tion and replied:
"I have no reason that this court
would consider legal." Sentence was
forthwith passed, and immediately aft
erwards passed in the same manner on
A. R. Cruzen, who informed the court
he would go to jail immediately. Th<5
sheriff, who had been summoned and
was present, was next called and the
commitment papers delivered over to
him, together with the court's instruc
initions about the treatment of the pris
! oners as other common prisoners in
, his rare and to permit the defendants
under the custody of deputies to at
i tend to their business matters and then
to start serving their sentences today.
The syllabus of the court was as fol
Syllabus of the Court.
"1. Held, that the information states
facts sufficient to charge contempt.
"2. The editorials and articles on
which this proceeding is based directly
charge that the court corruptly ren
dered the decision in the Spofford-Gif
ford case, and that it was rendered by
reason of a political trade or bargain,
and not on th t e law and fac« >. By such
publications there was an attempt by
wanton defamation and falsche od to
insult and intimidate the judges, de
grade the court and destroy its power
and influence and inflame and preju
dice the people.
"3. Held, that said publications
were a direct attack upon the court as
a court and that tin court, as a court,
could not bring a private action to pro
tect itself and that its only means of
maintaining its authority is by con
tempt proceedings.
"4. The 'liberty of the press" is not
guaranteed by the constitution against
the publication of deliberate falsehood
and misrepresentation in regard to de
cisions of courts, even though the pub
lishers may think that public and pol
itical interests would be subserved by
such falsehood and misrepresentation.
Mr. Broxon was the noly one of the
three members committed to the county
jail who, when an interview was sought
with them in their cell through the
courtesy granted by Sheriff Roberts,
which is a privelege which* ho gives all
prisoners, said:
' The friends of the Capital News and
of Mr. Sheridan, Mr. Cruzen and my
self should understand that we do not
jfeei that there is any degradation what
ever in the sentence Imposed by the
majority of the court. Aside from Mr.
Cruzen. who had nothing whatever to
do with the writing or publication of
the articles complained about, we feel
that wo are doing the greatest possible
service to the people of Idaho.
"While we bow in submission to the
commands of the court, and while we
recognize their decrees as the law of
the state, we still feel that questions
vital to the future freedom of all the
people of Idaho have thus been brought
to a point where every citizen may well
pause and consider the power they have
given to two men—a pi. wer. as will be
noted in this decision—not alone over
the freedom of the people, but one like
Dissenting Opinion of Justice
Ailshie in the Contempt Case
The separate opinion of Justice
James F. Ailshie in the newspaper
contempt case in which he concurs in
part and dissents in part, was deliv
ered from the bench and while a much
shorter opinion than that of the ma
jority of the court, it reviewed the lib
ertl of the press and held that A. R.
Cruzen, under the evidence, was not
guilty of contempt and did not own
stock in or control the policy of the
Capital News, while R. S. Sheridan and
C. O. Broxon, were guilty of the con
tempt charge, a jail sentence should
not he given, and only a nominal fine.
The opinion is as follows:
"In view of the public importance of
this matter and the fact that it is the
first of its kind in this court, I deem it
my duty to briefly express my views
I "5. The public press has no more
license or right to publish falsehood
and defamation than has a private in
"6. The liberty of the press Is only
'the liberty which every man has to ut
] ter his sentiments, and can he enjoyed
only in subjection to that precept both
' of law and morals, 'So use your own in
<r«ler that you may not injure an
I "7. This proceeding is not a crimi
nal action, and the statutes of the
state do not require that such a pro
ice« ding be brought in the name of the
I ' 8. Hold, that the Spofford-Gifford
I case was pending until the i3d day of
j October, 1912, when the petition for re
' hearing was denied, and that many of
said editorials and articles were pub
' lished prior to that date and that
those published after said date were
attached to said information simply to
show the malicious and vicious intent
of the defendants.
"9. A person chargea with contempt
is not entitled to a jur> trial, and the
statutes regarding informations indict
ments and the trial of criminal casta
arc not applicable to eonvn.p* proceed
"10. The power of the c ourt to pun
(Conlinued on Page Two)
wise over their property. These two
nun, constituting a majority of the
court. in accordance with the law
which they have just laid down, have
absolutely the power to take away the
life, liberty and property of every citi
zen of the state who may hold views
not in accord with theirs. It is true
that they have admitted the right of the
people and of the press to criticise
»B m or their decisions, still they have
retainei' the right to determine the ex
tent to which criticism may go,' and
to determine for themselves whether
criticism be permitted or whether it
shall be punishable contempt.
"Our opportunities for discussing the
j issue thus brought before the people,
j for the next 10 days at least, will be
limited. After that we snail perform
the duty we owe the people to go to the
full extent permitted by the court in
j making people aware of the wonderful
: power they have entrusted to the two
! men who constitute the majority of the
highest court of the state.
"We are nicely situated, and have
j no doubt that we shall be aide to com
plete the sentence imposed without
great inconvenience to ourselves."
both as to the law and the facts of the
"I think the press as well as the
people generally of tills state desire the
orderly and unobstructed administra
tion of the laws of the land in this
Jurisdiction, and for that very reason i
deem it important that in tills, the fir.it
case of its nature to arise in the state,
the law obtaining here should be clear
ly and definitely stated. If that he
done, those who respect the law will
observe It, and those who disregard or
hold it in contempt will know the con
sequences of their action. So far as I
am aware, no court among Knglis t
speaking peoples has ever wholly de
nied the right or power of the courts
to punish for contempt. This power is
not given to or assumed by courts for
(Continued on Page Three).
Soldiers Distrust Their Com
manders and Grow Insub
ordinate—Opportunity Is
Seized by Assailants.
Chentu, China, Jan. 2.—Three hun
dred Chinese soldiers were killed by a |
force of Tibetans near Hsiang Cheng, I
on the border of Tibet, last night. The !
Chinese troops also lost six machine
guns. The official reason given for the
defeat of the regular troops is that the
soldiers refused to trust their com
mander's knowledge of the country, and
became insubordinate. During the con
fusion which ensued th*e Tibetans
siezed the opportunity to attack the
column which was totally defeated.
Delhi India, Jan. 2.—The viceroy of
India, Baron Hardinge, Is not recover
ing as qub'ltly as was expected from
the wounds received when an Indian
fanatic threw a bomb at him during his
official entry into the new capital. He
Is suffering pain, and is In a feverish
condition. A further operation may he
necessary to remove fragments of the
bomb which remain imbedded in the
Wilmington, N. C, Jan. 2.—The
British steamer Alcazar, bound from
Haiti for Philadelphia, went ashore this
morning on Cape Lookout. Calls for as.
sistance were picked up by the revenue
cutter Seminole, which left for the
scene. This is the second time within
a few days that the Alcazar has been in
trouble off Cape Lookout. A week ago
the Seminole found the Alcazar an
chored in dangerous water off Lookout
shoals, and towed her to a spot of
No Cars Are Running.
Yonkers, N. Y., Jan. 2.—Not a car is
running here this morning, and the
leaders of the carmen, who quit work
yesterday rather than break in a New
York man as mntorman, said they ex
ported to tie up the entire trolley traf
fic of West Chester county.
^ Abe Martin"*")
? 4
What'- become o' th' (food ole time
mother that wuz alius waitin' fer a
bright, sunshhlny day t' take th' chil
dren up t' th' photograph gallery? Dame
Fashion still lives in Paris—th' wicked
est city In th' world. * J
Peace Delegates Will Plot Dicker Longer
and Will Not Make Concessions
Demanded By Tur!
London, Jan. 2.—Peace negotiations between the Bal
kan allies and Turkey will he broken oiï, according to Dr.
►S. Daneff, chief of the Bulgarian delegation, unless the
may which the Turkish delegation is now preparing show
ing the proposed boundary between Bulgaria and Turkey
should prove to be in accordance with the terms laid down
hv the allies.
Effort Is Being Made to
Bring the Strikers and the
Garment Manufacturers
New York, Jan. 2.—The United Gar
ment Workers of America, on strike
for higher pay and better working con
ditions. expect to add to their ranks
within the next 24 hours 70,000 bushel
men employed in local department
stores. The strike orders to the bush
ebnen, workers ehployed to make al
terations in ready-made garments, are!
Issued, strike leaders declare, in an ef
fort to reach the retail trade, and
bring the entire garment-making In
dustry within the scope of the situa
Meantime the state board of media
tion, the chamber of commerce and tin*
International Peace Forum are en
deavoring to bring about an adjustment
of the difft rem es. The committee will j
meet at strikers' headquarters to dis- »
cuss the terms of the agreement with
certain manufacturers wl
an inclination to yield
n mnds.
have sho'
to the d
• ••••••
• • • • •
"Section SI 64—Upon the answer and evidence taken, the court or
judge must determine whether the person proceeded against Is guilty
of the contempt charged, and If It be adjudged that he Is guilty of the
contempt, a fine may be Imposed on him not exceeding live hundred
OR BOTH." —Excerpt from revised codes of the state of Idaho dealing
with contempt charges and conviction thereof.
In the Supreme Court of the State of Idaho.
D. C. McDougall. Attorney General of the State of Idaho, rialntifT, )
vs. )
TL S. Sheridan, C. O. Rroxon and A It. Cruzen, Defendants. )
The State of Idaho to the Sheriff of the County of Ada. Greeting:
Whereas, the Judgment of this court has upon this day been pro
nounced and entered in the above entitled cause, to the effect that said
defendants be adjudged guilty of the offense of contempt of said court,
a certified copy of which judgment Is hereto attached and made a part
Now therefore, this is to command you, the said sheriff of the
County of Ada, to take and safely keep and Imprison the said defend
ants, It. S. Sheridan. C. O. Broxon and A. It. Cruzen, in the county jail
of the said County of Ada for the PERIOD OF TEN DAYS, commencing
on the 2nd day of January, 1913. And these presents shall be your
authority for the same.
Witness the Honorable George H, Stewart, chief justice of the su
preme court of the state of Idaho, this 2nd day of January, 1913.
of the
now oe
London. Jan. 2.-—After their pr>
trade.1 dipk.mnti • skirmishing, the
Turks hove finally capitulated to a ma
jority «-f the demands of the Balkan
allies at a session of thr peace con -
fercncc in Ft. James palace. Through
Rechad Pasha they agreed to cede
practically the whole of the Ottoman
empire's Luropean dominions, except
Adrianop:. and the territory between
it and (tantin«*ple, to their vic
torious but despised neighbors.
The terms the Turkish delegates
presented to the conference as a coun
ter proposal to the demands of tha
allies were:
First—The rectification
Tur ko- Bulgarian frontier bj
the boundary west of the lln<
cupied by the troops of the allies ia
the vilayet of Adrianople.
Second—The status of Adrianople to
T>c Fettled by Tu racy and Bulgaria di
Third—The cession of the rest of
European Turkey, including Janina
and Scutari, to the allies.
Fourth—The Albanian and Cretan
questions to be solved by the powers.
Fifth—The Aegean islands ^ to re
main Turkish.
An Important Session.
The announcement of these terms was
wrung from tin Ottoman delegates
with the greatest difficulty. They
came only after Ilechad Pasha had re
iterated Turkey's desire to shift the re
sponsibility for adjudication of all vital
questions to the powers, and as the
representatives of the allies had regis
tered their unchangeable objections to
such a course and plainly had given the
Turks to understand that the failure <.f
the Ottoman del« ., aies t" embark upon
serious negotiations would mean a re
sumption of hostilities. Yesterday's
sitting was the most momentous and
xeitlng sin e the beginning of the con
(Contlr.ued on Page Thr*»«?i

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