Articles liés à The Law of Constructive Contempt: The Shepherd Case...

The Law of Constructive Contempt: The Shepherd Case Reviewed. - Couverture souple

Thomas, John Lilborn

 
9781240073979: The Law of Constructive Contempt: The Shepherd Case Reviewed.

Synopsis

The Making of the Modern Law: Legal Treatises, 1800-1926 includes over 20,000 analytical, theoretical and practical works on American and British Law. It includes the writings of major legal theorists, including Sir Edward Coke, Sir William Blackstone, James Fitzjames Stephen, Frederic William Maitland, John Marshall, Joseph Story, Oliver Wendell Holmes, Jr. and Roscoe Pound, among others. Legal Treatises includes casebooks, local practice manuals, form books, works for lay readers, pamphlets, letters, speeches and other works of the most influential writers of their time. It is of great value to researchers of domestic and international law, government and politics, legal history, business and economics, criminology and much more.++++The below data was compiled from various identification fields in the bibliographic record of this title. This data is provided as an additional tool in helping to insure edition identification: ++++Harvard Law School LibraryCTRG96-B3714In a proceeding, by attachment for contempt, against J.M. Shepherd, editor of the Warrensburg Standard Herald, the Supreme Court of Missouri, in July, 1903, assumed jurisdiction to try and fine Mr. Shepherd for publishing, in his paper, an editorial, whiSt. Louis [Mo.]: F.H. Thomas, 1904. 270 p.; 23 cm

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Présentation de l'éditeur

Migth, its I easons for its assumption of jurisdiction in the case, and it is this oj)inion I propose to review in this paper. I do this because I feel sui esome of the principles laid down l)y the court are fundamentally wrong, and contravene essential tenets of liberty that is, the freedom of the press, and the right of ti ial by jury for an alleged abuse of such freedom. These principles, laid down b the court, are not, in my humble judgment, sound, and ought not to be acquiesced in by the people, and thus become part of the permanent law of the State. And at the threshold of this discussion, I do not desire to be understood as impugning the motives or sincerity of the judges who wrote and concurred in the opinion in this case. I was judge of the Circuit Court ten years, and of the Supreme Court two years, and I believe I have as high an appreciation of the majesty of the law, and of the dignity and independence which should appertain to a judge in the performance of his duties as any man living, and I would not say a word to lessen the esteem of the public for the courts ;and in this review I desire it to be distinctly understood that I combat, and intend to combiit only the reasoning and conclusion of the court, and not its motives.
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