The Brass Check: A Study of American JournalismSinclair, Upton
General
The Brass Check: A Study of American Journalism
Sinclair, Upton
Associated Press; Journalism -- United States; Press -- United States
There is one final story which ought to be told in connection with these
“mourning pickets.” You may recall that I had appealed against the
decision of Police-magistrate Sims, to the effect that one whose conduct
had been “that of a perfect gentleman” might properly be found guilty of
“using threatening, abusive and insulting behavior.” I had told the
story of this court-decision at a public meeting in the State capitol in
Denver, and again at a dinner of the Progressive Party workers in
Chicago—saying: “I don’t know whom the magistrate supposed I had
threatened, abused and insulted—unless perhaps it were John D.
Rockefeller, Junior!” The audience had laughed appreciatively; they
thought that was a funny joke; I, too, thought it was a funny joke. But
now—can you believe it?—Justice Crain of the Court of General Sessions
handed down his august decision, which had cost me several hundred
dollars in lawyer’s fees and court costs to obtain; and this Daniel come
to judgment upheld the decision of Police-magistrate Sims, and gave his
reasons therefor—and lo, his reasons were my funny joke! Seventeen
thousand, five hundred dollars per year the people of New York State pay
to Justice Crain of the Court of General Sessions, for handing down such
august decisions; and forever and ever, so long as capitalist
civilization endures, that particular august decision will be printed on
expensive paper, and bound in expensive sheepskin, and treasured in the
libraries of learned jurists. Such a wonder of a decision deserves to be
read, as well as preserved in law-books; so I will quote it here, as
follows:
No citizen has a right to rebuke another citizen by subjecting him to
ridicule or insult.
The defendant intended by his conduct in the presence of others to
rebuke the conduct of Mr. Rockefeller. His action was in the language
of the statute, abusive or insulting; abusive because it is derogatory
to the one whose conduct is referred to, and the insult lies in part
in the subject matter of the rebuke and in part in the publicity of
the infliction.
Now let me put to you this problem. The “New York Herald” had published
a cartoon, in which I was portrayed as a hideous monster with a filthy
muck-rake; and now suppose that I had appealed to Justice Crain of the
Court of General Sessions, complaining that James Gordon Bennett had
“rebuked a citizen” by “subjecting him to ridicule or insult”—do you
think that Justice Crain would have sent Bennett to jail? And do you
think that the newspapers would have printed the decision with solemn
and respectful comment, praising it as a proper rebuke to a disturber of
public order?
I close the story of this long Colorado struggle with a benediction sent
to me all the way across the continent: the “Los Angeles Times,” July
9th, 1914:
Public-domain text, read in full here on John Shaqi.
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