In re Providence Journal Co.

• Decision Date: 24 December 1907
• Citation: 68 A. 428,28 R.I. 489
• Parties: In re PROVIDENCE JOURNAL CO.
• Court: Rhode Island Supreme Court

68 A. 428

28 R.I. 489

In re PROVIDENCE JOURNAL CO.

Supreme Court of Rhode Island.

Dec. 24, 1907.

Proceedings to punish the Providence Journal Company for contempt Conviction entered.

Argued before DOUGLAS, C. J., and DUBOIS, BLODGETT, JOHNSON, and PARKHURST, JJ.

Edwards & Angell (Walter F. Angell, of counsel), for respondent

PER CURIAM. The opinion in Supreme Council Catholic Knights of America v. Patrick Fitzpatrick, Jr., et al., 68 Atl. 367, was delivered December 17, 1907. On the morning of December 19, 1907, on the editorial page of the Providence Daily Journal, a newspaper of general circulation in Rhode Island and elsewhere, published by the respondent corporation, appeared the following article:

"Fraternal Orders and Insurance.

"That an ordinary life insurance policy is a negotiable instrument is well recognized. All that is necessary to make it transferable is the consent of the prospective beneficiary. An opinion of the Rhode Island Supreme Court in the matter of a benefit certificate of the Catholic Knights of America sustains the right so to dispose of a fraternal insurance policy, even where such organization, through its charter and by-laws, provides against transfer of the benefits to one not of blood relation to the members. The circumstances of the case as tried in an equity action are familiar in life insurance practice. A member of the order had transferred his policy, the consideration being that it be kept alive by the payment of certain defaulted and all subsequent assessments. The court holds that the charter provision of the order, which would exclude the arrangement described, is 'fanciful and unconvincing.' It is, of course, clear that the intent of the policy, that it be devoted to the welfare of the member's family, is thus defeated. The court however, maintains that the higher consideration of integrity of contract should determine the issue."

As soon as this article came to the knowledge of the court it directed a citation to be issued to the Providence Journal Company requiring it to show cause why it should not be adjudged guilty of contempt for publishing a false statement of the decision. The respondent appeared by attorney in answer to the citation and presented the following statement:

"The Providence Journal Company, appearing in obedience to the citation in this matter issued out of this honorable court on the 19th day of December, A. D. 1907, and showing cause, as commanded in said citation, why it should not be adjudged in contempt, respectfully says:

"First it admits the publication of the article set forth in said citation, and further admits that said article is an erroneous statement of the opinion handed down by this court on the 17th day of December, A. D. 1907, in the cause entitled Supreme Council Catholic Knights of America v. Patrick Fitzpatrick, Jr., et al.

"Second. It avers, nevertheless, that the erroneous statements in said article contained were made entirely through misunderstanding and misapprehension of the language used by the court in said opinion, and not with the purpose or intent to reflect upon the court, or upon either of the parties to said cause, nor in any other manner to embarrass or corrupt or interfere with or obstruct the due administration of justice.

"Third. It further avers that as the publisher of a newspaper it has considered it proper in the public interest to comment upon such opinions of the court as might be expected to be interesting or instructive to its readers. In so doing it has always endeavored to state the opinions of the court with accuracy, and in every way to manifest and inculcate respect for such opinions; and it respectfully submits that an unintentional error, made in the course of such comment, and in the absence of any indication of a purpose to reflect upon the court, or to criticise its opinion...