Image provided by: University of Nebraska-Lincoln Libraries, Lincoln, NE
About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Sept. 24, 1921)
THE lifclhl : OMAHA. SATUKUAV. SKfit.MUtH Ut. 1JKM. - - . Arguments For Freedom of Press Heard in Court Suit for $10,000,000 Drought By City of Chicago Againnt Tribune Ojn in Circuit Court. Chkago. Srpt free. tom of the re tn broad nwtorl tal and constitutional grounda were heard Thursday hn ke IKKJ Idnl auit 4 the City f Chicago ugmm the Chicago 'Iribunc called before JwIkc Fihr n the circuit court Weymouth WrkiaiW. counsel for the newspaper, coniunteij the day with argumenti on a sreueral demurrer fded against the auit. , Once when the attorney question- td whether the city council had given ' iernii(ioii to citv officeri to start the auit, Judire i'isher pronounced the point irrelevant , ' , Mr. Kirkland's presentation of. statement that the city wa an arm of government and not merely tlie rornoratiun under the capacity of which the suit wan brought, wa cut. short by the judge, wno saiu m would assume this to be true until the city had a chance to prove t.ie contrary, if it so desired. Must Show LibeL Attorney Kirkland said that the action could not be maintained unless the city could ahow a seditious libel had been committed. He asserted that any criticism of an administra tion might be made without trans nroieinir Witimate freedom of the press unless that criticism was calcu lated to incite citizens to disregard the law or to seek to overthrow the government by force. 1 He arprued that none of the criti cisms of city financial affairs to which the suit took exception, could be so classed and that merely holding up a government to possible scorn and contempt would not bring the publication within the purview of a seditious action. Prosecution on any other ground than that of sedition would be in violation of the state and federal constitutions, he said. Mr. Kirkland , assorted that the absence from American jurisprudence and with one exception, of such cases in all other countries, was a strong argument in itself that a city had no right to sue a, newspaper under the circum stances tovered by the present ac tion. ' . - - ( Not Result of Whim. "The civil action," he said, "con stitutes a much greater restriction on the (liberty of the press than if a criininal case had been brought and the: editor indicted. ' " - , 4' "Criminal action wou!d necessitate the. consent of a grand jury or a court to an information process,, but this suit has been filed to gratify the whim of a partisan political organiza tion. , "In criminal cases the jury alone may decide whether the words com plained of are libellous, but in civil actions the court may give an opin ' jon." A verdict of not guilty ends criminal action,, but in civil suits tl:ourt may grant new trials until theScosts would amount to confisca tion, i ' A criminal suit might send the editor to jail, but the. paper would ' go ton. If this suit is successfully maintained, the newspaper would probably be suppressed effectually, ' as i do not think it could pay $10,'- ooanofl. '' "o if the politicians responsible. lor ..this suit wisn to continue uoiiib what we charge them with having ' done, -.the best way would be to ob tain such a verdict for damages as is sought here." ; ; , , . .. -i Quotea Authorities. f Mr. Kirkland quoted authorities to the;effect that only corrupt govern ments had sought to suppress free dom of expression. , ' . "No free government can exist without a free press," he exclaimed. "If the press is' subjected to confis catory damages levied in suits for libel by municipal , corporations or other bodies politic, the only effectual check on 'malfeasance,!,' corruption,, breach of public, trust .and misgov crnment in every form Will be swept away. - . . It was freedom of the press in California that delivered San Fran cisco from the corrupt domination of Abe Ruff. There is no adequate alternative to criticism of public administration by and through the press. ' ' "Democracy is government by . public opinion and the ; principle, forum of public opinion in our times most be the press. To permit gov ernment to rule this forum is e to make government absolute." , Man, 50 Years Follower of " Racing Game, Says He's Broke : ,T; Lance, 70, who has been; fol lowing the horse racing game for - half a century, admitted in county Rbbert H. McCrosson of Bloomfield, Neb., was seeking to get $175 which he claimed to have put up in county court recently to dissolve an attach ment against Lance's, racing horse. Hill Sparks',' .which Lance has now taken to Wichita, Kan.; Judge Craw . tord turned the money over to Mc Crosson. ...'-''"': . -' ' ' . Road Conditions' ;. Furnished by Omaha Auto Club.) Lincoln Highway, Eit Roads good to Marshalltown, detour for seven milea west and for one mils east. - ' rjnonin JTIshwav. West Detour Water- Io to Valley, roada good to Grand Island, fin t Cheyenne. O L. r. Highway Roads fair to Ash land, bad detour west of Ashland, good to Lincoln, road work near Hanrard to just west or Hastings, good to Denver. Corn hunker Highway Roada , good. some road work near swedeourg. 8. T. A. Roads Fine. . r Highland Cutoff Fair. ' "s - George Washington Highway Road un Ar construction to Blair, detour over H.K rosd. rood to Sioux City. Black HUls Trail Good to Norfolk, some llttla road work between -nt City and Fremont. Custer Battlefield Highway Toarist re port thai road in good condition with but few, exceptions.- mow raporieu m mun tiM last wpKL - River to BITOT Road Joed to Ces IKXnea. " - -.- T . SL Short Une Tn lino condition. Bias Grass Road Very good. Ns road work reported. Ktg of Trails, North Good to Onawa. . f o4 work between Onawa and Sioux City. Kins: of Trails. South Follow Thir teenth street to Harrtot. west on r- ri to Twenty-fourth street, tnen -outn Roads fine to Atchison. Atchison. leaven worth roads aro rough. Learsn- - worth to Kansas City caijrM under -cou "Phantom StM' Leads Federal "Dry" Sleuths Merry-Chase Hammond, !nd bept.2.1 l-fd-l dry agents, after two weeki ileum jilf, arrived in Dyer too late to cap ture the "phantom till" ued by iU lirit driller, in the Calumet region. The Hill, a JS-gHu atair. it port bbte'and never tiy r otie'T'ace lone cnuh far the officer to get a Ime on it. Each member of the ring gets it when hi mash i prop erly oured and eud it on jut as oon a the Lot drop of moonshine trirklr from it coil. The reason i that 25 or more men can make inounhim but if it comes in the worst only one will ever be Hned for having-, a still in' hii po ieion, whereas under the old style, all 25 of them might" get cauuhL Federal' Chief G. Simmons led a squad to ' Emit Muntan's farm at Dyer on a secret tip that the atill was there and found it gone, but plenty of moonshine was confiscated with Muntan's arrest. Press of F ranee Devotes Space U To Conference Papers Believe Pershing in Paris toi Carry on Conversa tions Regarding Forthcom ing Disarmament Meet. Tan's, Sept. 2J. Newspapers of this eity have begun to devote much attention to the conference on limi tation of armament and far eastern questions to be held in Washington in November and daily publish edi torials regarding the meeting, This morning LAvenir asked if the real reason for' General Pershing's visit to this country was not to carry out conversations with French leaders preliminary to the Washington con ference, while the address made by Mvron T. Herrick, American am bassador to Franco, at the dinner in honor of General Pershing at the Allied-chub last night, made a; nota ble imoression. ; i -. t Mr. Herrick declared America was devoid of ambition, "but was without fear confident of its right, but respectful of the rights of oth ersf aiming at justice, but never yielding., to force in a just cause. , Ambassador Herrick in' his speech also recalled the promise made by General Pershing, on his arrival in France, of American aid and de clared that the promise was kept the following year by 2,000,000 young Americans. ' -, Attorney General ; , Interviews in Probe Of Thorsdale Murder Des Moines, Sept. 23. (Special Telegram.) A "delicate" situation amounting to a political feud which has arisen between the Polk, county sheriff's! and the county attorney s offices, resulted today in intervention from the attorney creneral's office in the conduct of the investigation of the famous Thorstlale murder case. Former Tudee Thomas Guthrie has been asked to step in and take per sonal charge ot tne investigation, nominally"' co-ooerating with the rnnntv attorney. . The Thorsdale case, one of the most vicious murders in the crimi nal annals of this county, has been used as a political foot ball since last June, with practically; no results. i Three men. have been indicted for theicrime. two hivef been released and one rearrested; Joe Williams and George Davenport, both negroes, are now held m the county jail as suspects. ,) The sheriff; , maintains that Davenport is the guilty man and the attorney's office insists on centering the prosecution on Wil Hams. i Ultimatum Handed to t ' Hungary by Council Paris. Sent.-23. (By Tin ' As sociated Press.) Hungary must in the near future completely withdraw from Burgenland, or,, west Hungary, awarded to Austria by the treaty oi Trianon, or be forcefully expelled by the allies, she was notified today by the council ot ambassadors here. The council handed Ivan Praz- novsky, president of the Hungarian psace delegation, a note in . wnicn Hunearv was invited entirely to evacuate Burgenland within a brief oenod. If .Hungary rctuses the al lies, ; she 'was mtormed, , would be obliged to use force. : x . . ... Frost Sues Blizzard in ' , r Gourt; Magistrate Wilts Tustice Bunce took off his coat and wiped the beads of perspiration from his brow. ;.; From, behind the railing droned a cofrple of electric fans. Court at taches liad that wilted appearance commonly associated , with - lettuce leaves. - ,-"', . i "Frank Frost aeamst. F. W. ;BIiz zard." called the judKC He sat up. So did the rest of the court But Blizzard couldn't be found. "Fair and warmer," murmured th judge as he adjourned court. Caddy Sues for $85,000 for Loss of Eye; Hit by Golf Bal '..Newark, ' N.' J., Sept 23. A suit for $85,000 damages, for the. loss of his v right eye," blinded by a blow from a golf ball, has been brought by Cornelius Toohey, 14-year-old caddy. against Franklin Webster of East Orange, N. J. lie Rent High Grade PIANOS ' J Da cxprt tsminf, Kfu. latin f aaai Rpairinc. All Sciimoller & Mueller V8 PIANO CO. D. 123 I I 1 1 1 1 , . . . . . , till .ATLANTIC SIXTEENTH AND HOWARD STREETS ''' V"1' Kitchen Amongr tho'many types of kitchen tables offered on our fifth floor is an exceptionally strong, turned-leg type, finished natural and with a 42x26-inch whitewood top; the same is fitted with a knife drawer and priced specially at Drop Leaf ' Kitchen Table Built of hardwood, with finishd golden gloss top. ' Size closed, 24x4Q inches.' " Open, 40x45 inches. Drop leaves . are halt ovals. , Special Saturday 10.75 Oak Dressers If you need a low-priced dresser, you will certainly profit by inspecting our stock. Constructions are substantial- and. practical. There are several styles; and sizes, one of which we picture. t 15.00 17.50 16.50; 19.50 22.00 25.00 RUGS at Very i A number of Axminster and Velvet Rugs are offered at a special price, on account of slight shading or mis matching. Some of thise ;.rugs are made without borders, others have end borders The wearing cpiality of each rug is up to standard in every way, while the price really saves you , a (substantial; sum. Price for 9x12 Size -. .- :v. ; Small Rugs to match, also slightly mismatched 27x54, Price 3.75 36x63, Price 5.50 Printed Linoleums Five good tile and wood patterns in - printed linoleums, all extra width '(7 ft., 6 inches), with' stout burlap1 base. Regular price up to $1.60. Now, per square yard, SPECIAL' Ruffled Curtains Special Values Acorn -a value you! II appreciate This is an exceptionally fine high oven, cabinet type range with enamel splashers, doors and drip pans, nickel trimmed. The oven is 18x18x14 inches and broiler 18x18x10 inches. A large top, accommodating three' ringle, one giant and one simmering burner is a feature - -. ; Terms on Cat Ranges, 10 per cent . Cash and 10 per cent per month. SIXTEENTH AND i m M i l - ii-raia-.r.l'ii.,l!Jai t''.ui.aJj!ii'.? 0oo, M . m Tables 475 Wood or Pad Seat Chairs These chairs are suitable in either dining room or kitchen; they aro finished fumed, with wood or imitation padded leather seats, as you wish. The price is considerably under the market. 1.95 Special Prices 75c of Swiss Figured or dotted, with plenty of fullness in the a "2 ff ruffles. Per pair. .J.UM of Barred Voile This is a very attractive cur-- tain at a very at- v O tractive price .O.0 of Voile and Marquisette .... , An economical, but ideal cur- : tain for chamber .1.75 ?use. Per pair ge - 1 HOWARD STREETS :i flf 3250 6m h j ' ' t" ) '' If ' s y t v-f;-" n , - it J ' 1 ' kiJ ; i - ' 'M &; . r..J, .t, f f t .,. '" If' v -Avv v " Nobody Loves a Fat Man" But We Do Because We Fit 'em All Stouts Slims Shorts Mr. Man of unusual proportions, you'll be interested in our "Special Buy" of "Stouts" at a sub stantial saving fronv.what you unhesitatingly would pay-a jtailor. We'll make you feel sorry that you've given the, custom tailors hundreds of dollars more than you should have spent for your suits. For men of your jbuiid we are offering suits' that are tailored by specialists, of the finest hand finished worsteds that can be obtained. They are the "Stein Bloch'? Stouts-ask the man that wears one hefwill tell you that they give 100 wear and 100 perfect fit. . if v. A Saturday Special $1.00 Silk 65c or 2 Ties for all tastes. The new. fall shape which ties in a small knot and graduates to an open end with a long band- A tie that will slide through the collar easily. Beautiful allover designs. Exceptional values. . ; ; ' i' Main Floor A Specialized Group of Suits Broken Lines of Hats Priced for Clearance at $3.50 Neckwear for $1.25 EWreqeReynosO Ihc Store of Specialty Shops. "STEIN-BLOCH" CLOTHES FOR MEN This Store Answers: "What Kind of a Hat" A Crofut and Knapp or a Mallory . Windows full of themstore brimming over with themhere you'll find the sort of Hat and the variety of them that have brought us leadership. They have the style and they give the service. Colors of Brown; Green and Gray $5 $6 m I ft 6 I If 31 1 oirucUen, teu detouc irNI