Omaha daily bee. (Omaha [Neb.]) 187?-1922, September 24, 1921, Page 4, Image 4

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    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