In re Shortridge
Opinion
lead Opinion
Paterson, J.
When the case of Price v. Price—an action for divorce—was called for trial in the superior court of Santa Clara County, the court was advised that the evidence would probably be of a filthy nature, and thereupon made an order directing “that during the trial all persons be excluded from the court-room except the officers of the court, the parties, and their counsel.” It was further ordered “ that no public report or publication of any character of the testimony in the case be made.” On the following day the petitioner herein caused to be published in the San Jose Mercury, a newspaper of which he was the editor and publisher, an article referring to the order of the court and containing what purported to be the testimony of the witnesses. Upon an affidavit setting forth the facts stated, the court made an order commanding Shortridge to appear and show cause why he should not be adjudged guilty of contempt. Mr. Shortridge in his answer and at the hearing disclaimed any intention to reflect upon the court, or show any disrespect therefor, and claimed that in publishing a fair and true report of the testimony and proceedings, he was simply exercising a constitutional right with which…