nk is that, when it is in such a dini heeled around; the horses single gun could be heard, but a drumming thunder. Smoke and fire flowered hideously over the Boche column. A cloud hit it for a space. When the cloud lifted, the column had disintegrated; there was only a faroff swarm of fleeing figures, flailed by shrapnel as they ran. And the glass reached, position organized at..." and stopped and swore in amazement when he looked at his watch-barely noon! Sergeant Cannon's watch corroborated the time- "But, by God! The way my laigs feel, it's day after to-morrow, anyway!" "Wake those fellows up-got to finish diggin' in- No tellin' what we'll get here" Some of his people were asleep on their rifles. Some were searching for iron crosses among the dead. A sergeant came with hands and mouth full. "Sir, they's a bunch of this here black German bread and some stuff that looks like coffee, only ain't-in that dugout-" And the company found that Kriegsbrot and Kaffee Ersatz will sustain life, and even taste good if you've been long enough without food. . . The shadows turned eastward; in the rear bloated observation balloons appeared on the sky-line. "Them fellers gets a good view from there. Lonesome, though..." "Wonder where all our planes went-don't see none-" "Hell! Went home to lunch! Them birds, they don't allow no guerre to interfere with they meals. Now, that's what I got against this fighting stuff-it breaks into your three hots a day." "Boy, I'm so empty I could button my blouse on the knobs of my spine! Hey-yonder's a covey o' them a-vions now-low-strung out Boche! Hit the deck!" They were Boche-sinister red-nosed machines that came out of the eye of the sun and harrowed the flattened infantry, swooping one after another with bursts of machine-gun fire. Also they dropped bombs. Some of them went after the observation balloons, and shot more than one down, flaming, before they could be grounded. And not an Ally plane in sight, anywhere! To be just, there was one, in the course of the afternoon: he came from somewhere, and went away very swiftly, with five Germans on his tail. The lieutenant gathered from the conversation of his men that they thought the Frenchman used good judgment. That afternoon the Boche had the air. He dropped bombs and otherwise did the best he could to make up, with planes, for the artillery that he had lost that morning. On the whole, he was infinitely gets a man's goat, as the f with profane emphasis. rifle fire greeted his mach came and went, and away right toward Vierzy the lie one low-flying fellow crump down like a stricken duck. alleged to have been brough chaut-chaut automatic rifle, ward officially claimed by f regiments and a machine-gu Late in the afternoon the Fre up anti-aircraft guns on motor the terror of the air abated but, while it lasted, the heard "There comes-"(great rend sion near by)- "Goddamight air-bomb?" "Naw, thank God! That w shell!" As dusk fell, the French ca forward through the lines. Th ant thoughtfully watched a bl ron pass- "If spirits walk, M Marshal Ney an' all the Emper alry are ridin' with those fellows. In the early dawn of the next cavalry rode back. One squadr through the company's position. a very small squadron indeed, th ing. Half the troopers led hors empty saddles. A tall young capt in command. They were drawn a gard from the night's work, but t carried their heads high, and ev horses looked triumphant. The it developed, been having a pe wonderful time, riding around beh German lines. They had shot up port, and set fire to ammunition d and added greatly to the discomfort Boche. They thought they mig back again to-night. . . . They d The night of the 19th, the galley up, and the men had hot food. Earl morning of the 20th, the Division w lieved and began to withdraw to re position, while fresh troops carried battle on. The 1st Battalion of the Marines marched back, in a misty da across the ground they had fought two days before. In the trampled fi where the dead lay unburied, old Fre territorials were mowing the ripe wh man's goat, as the files remart profane emphasis. Much re greeted his machines as t and went, and away over oward Vierzy the lieutena -flying fellow crumple and ike a stricken duck. This to have been brought domb haut automatic rifle, was z ficially claimed by four in ts and a machine-gun ba he afternoon the French bro aircraft guns on motor-trucks or of the air abated some ile it lasted, the lieute ecomes-"(great rending by)- "Goddamighty! thank God! That was on fell, the French cavalry ne rough the lines. The le tfully watched a blue squ "If spirits walk, Mura: ey an' all the Emperor's c n' with those fellows.... ly dawn of the next day. back. One squadron ver company's position. It ve squadron indeed, this mer e troopers led horses w 3. A tall young captain They were drawn and bag night's work, but the a heads high, and even th triumphant. They had been having a perie riding around behind the They had shot up tran e to ammunition dumps y to the discomfort of the hought they might g ht.... They did. he 19th, the galleys got ad hot food. Early the th, the Division was te to withdraw to reserv sh troops carried the : Battalion of the th ck in a misty dawn, The fighting in the woods at Soissons was close and savage. The battalion entered the woods and turned off the road toward the blue smoke of the galleys, from which came an altogether glorious smell of food. One of the company officers ran ahead of the 49th to find a place to stack arms and pile equipment. Presently he beckoned, and the lieutenant led his people to the place; a sort of clearing, along one side of which lay a great fallen tree. Under an out-thrust leafy branch something long and stiff lay covered with a blanket. After breakfast, some of the men enlarged the pit where the machine-gun had been, and tidied it up. . . . They wrapped the body in a blanket and two German water-proof sheets that were handy, and buried the boy there. "... But before he got it, he knew that we were winning." The men put on their helmets and went away, to look for others who had stopped in the woods . . to gather souvenirs. 66 Well, he's where he ain't hungry, an his feet don't hurt from hikin', an' his "Stack arms . . . fall out!" heavy marchin' order won't never cut Graves, the officer who had gone ahead, into his shoulders any more. Former Judge of the Superior Court of North Carolina; Author of "A Freshman A Mullet was mismanaged an and asking for a receiver. Or to a United States district without notice to the other lief was granted: the Mullet away from the State and han a receiver-to the dismay o council of State, and people. was a foregone conclusion th tile judge would take the bit i order a sale, and that the c would get away with the swag. early stage of the game Editor Daniels had taken a hand. I paper charged fraud and consp vised and contrived by the larg and the judge, who, according t tor, was a tyrant if not corru charge Daniels thundered at the in and day out, till he was finally for contempt. After a hurry-up limited to two hours, the judge acting as prosecutor, court, and j bined, the champion of the Mull himself "in limbo," for a season Some years later another cons contempt matter arose in Ohio. sponse to popular demand the Toledo had ordered car-fare reduc eight cents to five cents. The st company thereupon appealed to a States judge to set aside this re and restore the eight-cent fare, a that the new rate would not pay head and operating expenses. The granted the motion and put the far to eight cents. Fiercely the edito Toledo paper began to attack the charging that the judge was a co tion tool and urging disobedience orders. As in the Raleigh case, so Toledo case, the editor was arreste contempt, and editor and paper prom fined seven thousand seven hundred lars-the judge attacked acting as p cutor, court, and jury. A recent New York contempt cas filed his bill falsely charging that the quite as notorious A lawyer named C e Speech? NSTON uthor of "A Freshman Again at Sir was mismanaged and ins ing for a receiver. On appli nited States district judge, notice to the other side, the granted: the Mullet was -m the State and handed ove er-to the dismay of gove f State, and people. In fac egone conclusion that the is would take the bit in hist ale, and that the conspi away with the swag. Buti: e of the game Editor Josep d taken a hand. Bold, ged fraud and conspiracy, ontrived by the larger rai lge, who, according to the tyrant if not corrupt. Th els thundered at the court ut, till he was finally arreste t. After a hurry-up "t To hours, the judge under secutor, court, and jury' ampion of the Mullet fou mbo," for a season. later another constructi tter arose in Ohio. In bular demand the city & lered car-fare reduced in five cents. The streetupon appealed to a Uni > set aside this reduct eight-cent fare, alleg ite would not pay over ing expenses. The j on and put the fare be Fiercely the editor d ran to attack the cou e judge was a corpor ing disobedience to his Raleigh case, so in the arrested for wrote a letter to an official of the bankruptcy court, charging that the United States judge presiding had the habit of stifling free investigations, and that therefore his client would not be at the hearing at all. Craig went on to explain that there could be no fair investigation in a bankruptcy matter unless a trustee representing both sides was appointed, and that this particular judge never appointed that kind of a trustee. The indignant judge, getting wind of this letter, which was not intended for publication, handed out a sixty-day sentence to Craig; stoutly protesting, the while, that he had no feeling whatsoever against Craig, but was merely maintaining the dignity of the bench. And then came the Magee case from Albuquerque, N. M. The charge against Magee was contempt; the libellous words -printed July 17, 1924-were these: "As to my case pending before Judge Leahy, I stand about as much chance as a lamb with a butcher." Magee having been found guilty by the judge, this colloquy ensued: "Have you anything to say why judgment shall not be pronounced on you?" the judge blandly inquired. "I deny I am being accorded due process of law," the prisoner responded. "I deny this is a court." "That is untrue, and you know it," the judge snapped. "You are a low-down skunk-a measly yellow cur. I give you six months in the county jail." Now, if such cases were rare or exceptional, it would not so much matter, but they are not rare. They are occurring all over the country. In fact, whenever a self-centred judge is ridiculed or criticised, some one is likely to wind up in jail. This his honor's dignity demands, the Ku Klux furnishing a handy precedent. What boots it, indeed, whether one be lynched by the mob or mobbed by the law? II CERTAINLY, no one would justify the slanderer of judges. Far from it. The ledo case, Justice Holmes-four of th nine judges concurring declares in sub stance that American courts are a hur dred years behind the times; that no Eng lish judge would imprison one for cor structive contempt without a legal trial It follows that no English judge woul have "railroaded" Craig, Daniels, o Magee to jail, but would have proceede against them in the orderly way by in dictment. One of the least creditable chapters in American judicial history, in deed, is the power judges arrogate to themselves to suppress free speech by this side-wind, called constructive contempt-a power which neither Congress nor the President nor any other person or department of government possesses, or claims to possess. For example, if the Toledo, the Albuquerque, or the Raleigh editor had charged that a United States senator, or the President himself, was a tyrant, or corrupt, the offender could not have been haled before Senate, President, or court, and summarily punished. In such a case a bill would be drawn, a grand jury would sit, if a true bill were found the case would be set down for trial, due time to prepare the defense would be allowed, witnesses summoned, a jury of impartial men chosen and sworn, and a disinterested judge would preside. None of these safeguards would or could be omitted they are a part of every freeman's herit age. How, it may be asked, do American courts get around this sacred right of trial by jury, and act as judge, jury, and prosecutor combined? Why, this is done by a bit of sophistication and twisting of the plain language and guarantees of the law, that would do credit to Dean Swift in "A Tale of a Tub." The judge puts his case this way: "I am a judge, possessing certain inherent constitutional rights of which no legislature can deprive me One of these rights is to hold my court without interruption or criticism from any source whatever." The natural result of the assumption |