Legal Opinion · Concurrence

Cooper v. People Ex Rel. Wyatt

Supreme Court of Colorado

Decided September 5, 1889No. 2510Published

Error to District Court of Arapahoe County. Plaintiffs in error, together with one hi. P. Hill, were, by the court below, ordered to appear and show cause why they should not be punished as for contempt of court, on account of the publication in the Denver Republican, a daily newspaper published at and having a large circulation in.the city of Denver, where the court was being held, certain articles, together with a large cartoon, all having reference to a cause pending in…

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Error to District Court of Arapahoe County. Plaintiffs in error, together with one hi. P. Hill, were, by the court below, ordered to appear and show cause why they should not be punished as for contempt of court, on account of the publication in the Denver Republican, a daily newspaper published at and having a large circulation in.the city of Denver, where the court was being held, certain articles, together with a large cartoon, all having reference to a cause pending in said court. The matter was heard upon the following affidavit and answer: “ State of Colorado, County of Arapahoe — ss.…

1ConcurrenceJustice Elliott

I concur in the opinion of the court upon the main question involved in this case, and in the conclusion.. Counsel for respondents has chosen to rest the defense in this proceeding mainly upon the ground that the publishers of newspapers have a constitutional right to assail the integrity and impugn the motives of a judge in relation to his judicial action, even in cases pending and undisposed of, without being amenable to contempt proceedings therefor. That such a doctrine is opposed to sound reason as well as the great *369weigítt of authority is clearly shown in the opinion of Mr. Justice…

2Cases cited10 opinions

  1. Ex Parte Tobias WatkinsSupreme Court of the United States · 1830
  2. Ex Parte ReedSupreme Court of the United States · 1879
  3. Ex Parte KearneySupreme Court of the United States · 1822
  4. Phillips v. WelchNevada Supreme Court · 1877
  5. People ex rel. Dougan v. District CourtSupreme Court of Colorado · 1883

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