Page:The World's Most Famous Court Trial - 1925.djvu/53

Rh any branch or officer of the government, and no law shall ever be made to restrain the right thereof.

The free communication of thoughts and opinions is one of the invaluable rights of man, and every citizen may freely speak, write and print on any subject, being responsible for the abuse of that liberty. But in the prosecutions for the publications of papers investigating the official conduct of officers, or men in public capacity, and the truth thereof, may be given in evidence; and in all indictments for libel the jury shall have the right to determine the law and the facts under the direction of the court, as in other crimnalcriminal [sic] cases.

(f) In that it violates Section 8, Article I of the constitution of Tennessee:

Sec. 8. No man can be disturbed but by law. That no man shall be taken or imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner destroyed or deprived of his life, liberty or property but by the judgment of his peers or the law of the land.

(g) In that the act and the indictment and the proceedings herein are violative of Section 9, Article I of the constitution of Tennessee:

Sec. 9. Rights of the accused in criminal prosecutions. That in all criminal prosecutions, the accused hath the right to be heard by himself and his counsel; to demand the nature and cause of the accusation against him, and have a copy thereof, to meet the witnesses face to face, to have compulsory process for obtaining witnesses in his favor, and in prosecutions by indictment or presentment, a speedy public rialtrial [sic], by an impartial jury of the county in which the crime shall have been committed, and shall not be compelled to give evidence against himself.

(h) In that the act, prosecution and proceedings herein violate Section 14, Article I of the constitution of Tennessee:

Sec. 14. Crimes punished by presentment, etc. That no person shall be put to answer any crimnalcriminal [sic] charge but by presentment, indictment or impeachment.

(i) In that the act violates Section 8, Article II of the constitution of Tennessee:

Sec. 8. General laws only to be passed; corporations only to be provided for by general laws. The legislature shall have no power to suspend any general law for the benefit of any particular individual, nor to pass any law for the benefit of inany [sic] law granting to any individual dividuals [sic], inconsistent with the general laws of the land; nor to pass any law granting to any individual or individuals rights, privileges, immunities or exemptions other than such as may be, by the same law, extended to any member of the community who may be able to bring himself within the provisions of such law. No corporation shall be created, or its powers increased or diminished by special laws; but the general assembly shall provide general laws, for the organization of all corporations hereafter created, which laws may, at any time, be altered or repealed; and no such alteration or repeal shall interfere with or divest rights which have become vested.

(j) In that the act violates Section 2, Article II of the constitution of Tennessee:

Sec. 2. No person to exercise powers of more than one department. No person or persons belonging to one of these departments shall exercise any of the powers properly belonging to either of the others, except in the cases herein directed or permitted.

Second—(a) That the indictment is so vague as not to inform the defendant of the nature and cause of the accusation against him.

(b) That the statute upon which the indictment is based is void for indefiniteness and lack of certainty.

Third—(a) In that the act and the indictment violate Section 1 of the Fourteenth amendment of the constitution of the United States: