Legal Opinion

State v. Bee Publishing Co.

Nebraska Supreme Court

Decided June 7, 1900No. 11,399PublishedCited by 17 opinions

Original jurisdiction. This was a criminal proceeding in contempt, brought on the relation of the attorney general. The offending articles appear in the opinion. The defendants, upon their request, were awarded separate trials, but not as a matter of right. The defendant the Bee Publishing Company answered, admitted the publication; but entered a plea of non possemus, by reason of being a corporation.

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Original jurisdiction. This was a criminal proceeding in contempt, brought on the relation of the attorney general. The offending articles appear in the opinion. The defendants, upon their request, were awarded separate trials, but not as a matter of right. The defendant the Bee Publishing Company answered, admitted the publication; but entered a plea of non possemus, by reason of being a corporation. It also pleaded, in justification, that the matters published were items of news, and of common report at the time of publication. It further pleaded'that the case commented upon in the…

1Opinion of the CourtSullivan, J.

This proceeding for contempt, instituted by the attorney general at the request of the court, is based upon certain newspaper articles relating to the case of State v. Kennedy, 60 Nebr., 300, which was, at the time of the publications, pending before us for decision. The defendant is a corporation engaged in the publication, of a newspaper which has a general circulation throughout the state. The editor is Edward Rosewater, who has also been cited to show cause why he should not be punished for contempt, and who has, at his own request, been awarded a separate trial. Some of the articles were…

2Cases cited5 opinions

  1. People v. WilsonIllinois Supreme Court · 1872
  2. State v. Frew & HartWest Virginia Supreme Court · 1884
  3. Field v. ThornellSupreme Court of Iowa · 1898
  4. People ex rel. Connor v. StapletonSupreme Court of Colorado · 1893
  5. State ex rel. Haskell v. FauldsMontana Supreme Court · 1895

3Cited by17 opinions

  1. In re EganSouth Dakota Supreme Court · 1909
  2. State ex rel. Metcalf v. District CourtMontana Supreme Court · 1916
  3. The Times-Mirror Co. v. Superior CourtCalifornia Supreme Court · 1940
  4. United States v. Toledo Newspaper Co.District Court, N.D. Ohio · 1915
  5. State v. SieberOregon Supreme Court · 1907

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