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13 Am. Law. 391 (1905)
The Famous "Annie Oakley" Libel Suits

handle is hein.journals/amlyr13 and id is 397 raw text is: THE AMERICAN LAWYER. 39' for reasons which are obvious, if regard be had to the risk of prosecution, to which such new employer or landlord would 'be subject, under another act in pari materia with his, and ap- proved on -the day before -the approval of this act. The Court further said: Because of the restrictions it purports to place on the right to make contracts for employment, and concerning the use and cultivation of land, this act is wholly invalid. It thus -transpires that by the decisions of the Federal Courts-and those of the State Courts as well could be cited without number to the same effect;--that it is now almost un- iversally held, that the First Section'of the Fourteenth Amend. ment, not only created a citizenship of the United States, hut that whatever may be the difference, if any, in the privileges, and immunities, of Federal and State citizenship, the privi- leges and immunities of each and both, whatever they may be, are equally and alike protected by this amendment,, and further, that no person, whether he be a citizen or not,-but perhaps a member of the excluded and despised Mongolian race,--can be deprived of life, liberty, or property, without due process of law, or denied the equal protection of the laws by any State. No government can be strong that has not ,the power to protect its citizens and defend and preserve their liberties. The experience of mankind 'has shown, that an attempt to strengthen the central government has in the past, resulted In the absorption of the liberties of the people; and that, on the other hand, whereever and whenever the central govern- ment has become weak, anarchy has resulted. Prior to the history of the Anglo-Saxon race, no people ever exhibited the capacity for self-government, as did the Romans. The Roman government in Its conception and growth was a government of law; the central government, as wel as the people, was hedged about by constitutional law, and it could only proceed by law; but the weak point in the fabric was. that in the enactment of law the initiative, and vote, was with the people, from which it resulted that in the days of the Re- public, the power of government was in an urban community. So long as the government was In the hands of a re- sponsible citizenship, the liberties of ,the people were fairly protected; but when the Gracchi installed the Proletariate at the ballot box, Rome with all her aspirations was plunged into a vortex of anarchy, from which the only portal of escape was government of empire. Our idea of a government, whether it be State or National. is a government of law; and while the government rests in the intelligence and patriotism of the people, there must be a power, lodged somewhere, strong enough to enforce the law. Ours is a republic of republics, predicated upon an intelli- gent, patriotic citizenship; and let us hope that we have solved the problem of a strong, vigorous and powerful central government, which in its turn is so ,hedged about by law, as that it can, not only not usurp, nor destroy, but that it will pro- tect and preserve the liberties of the people. '1 -e franchise of local self-government is not only the dearest, but the most sacred right of our people, as expressed in our State governments; but at the same time, while we have States, we have a National government, each acting in its own sphere, and each jealous of its own rights; and when a citizen of Alabama can feel that whether in Louisiana, Califor- nia, or New York, his privileges and immunities, and his rights to life, to liberty, to property, are protected by the United States, equally with those of the citizens of every other State, then indeed, is he a free man, Suum cuique tribuere. The Famous Annie Oakley Libel Suits. By Louis Stotesbury, Attorney for the Publishers' Press Association. (Courtesy of The Amnleylcan Printer. Copyright, 1905, Oswald Publishing Company.) On August .9, 1903, a complaint was made by Charles Curtis, a negro, before John R. Caverly, a justice of the peace of the city of Chicago sitting in the first police district court of that city, situated in Harrison street, and commonly known as the Harrison Street Police Court, charging a woman known as bIllie Cody, 'whom Curtis had befriended and given shelter, with having stolen a pair of pants from him. A formal complaint or affidavit was drawn charging her with having made an improper noise, riot, disturbance, breach of the peace or diversion tending to the breach of the peace, in violation of Section 1287 of the Revised General Ordi- nances of the city of Chicago. Upon that complaint a warrant was Issued authorizing -the arrest of Lillie Cody on a plea of debt for failure to pay the city a certain demand, not ex- ceeding one hundred dollars, for a violation of Section 1287 of an ordinance of said city, in regard to making an Improper noise, riot, disturbance, breach of the 'peace or diversion tending to the breach uf the peace. Under this warrant the woman was arrested an i locked up in. the police station. It appears from the testimony of the witnesses that after the arrest, in a conversation with the matron of the police station, she spoke of her formerl position, and claimed to have been a crack rifle shot, and to have exhibited with Buffalo Bill and others, and the matron of the police station said: You are the noted Annie Oakley, I guess. She acquiesced In the statement, and it was reported by the matron to the police oficers that she was Annie Oakley. Shb was evidently under the influence of some drug, was appar- enly badly diseased, unclean in appearance, and untidy in dress. Before her arraignment, the negro Curtis, who had caused her arrest, called to see her, and refused to prosecute the case or appear against her. When arraigned before the justice on Monday morning. August 10, the police officer who had her in charge there stated to the justice that she had been arrested for stealing a pair of pants from a negro; that she was the famdus Annie Oakley, who had exhibited with Buffalo Bill, etc., and among other things, suggested to the justice that if she were turned loose on the street she would only spread distase, and he thought it would be an act of charity to send her to the Bridewell, where she could be taken care of. The justice thereupon remarked that if Annie Oakley had fallen as low as that she would be better off in the Bridewell, and Imposed a fine of twenty-five dollars, and committed her to the Bride- well until the fine, should be paid. After she had been sentenced and taken down stairs to the prison again, she was interviewed by a number of peo. THE AMERICAN LAWYER. 391

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