The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1872-11-13
Contempt 6Ccontt.

We differ, and we believe the people
of Illinois, will differ very widely, from
tho views laid down as law by the ma
Jority Of Our Supreme Court In the recent
contempt case against the Erenin0 Jour.
nal They say;
I'VE do not deprecate, nor should we
claim the right to punish, any criticism
the press may choose 10 publish upon our
decisions, opinions, or official conduct In
regard TO cases that have passed from our
Jurisdiction, 80 long as our action Is cor :
rec1lly stated, and our official integrity Is
not impeached."
This implies that the press must not
comment on the official action OF our
Courts while an action 10 pending; that,
after the action Is over they may Be pun
ished II the Court deems their criticism
or statement Of the action Of the Court
to be incorrect; and that no newspaper
has the right to arraign or doubt the In
tegrtty OF o Court. We deny all these
propositions as alike unnecessary to the
due administration Of justice, and as
wholly inconsistent with needful and
proper freedom Of the press which Ia
guaranteed by our Constitution.
II must be remembered that the power
Of all the Judges OF Courts OF Record 10
punish for contempt Is the same, without
regard to the grade OF the Court, or the
character Of the Judge. Occasionally,
corrupt Judges, as well as corrupt legis.a.
tors and officers. have arisen under all
governments. Recently, In New York,
three Judges have been overthrown for
being corrupt. They could not have been
assailed by any effective means had not
their corruption first been freely charged
and proved In the columns Of the newspa.
perS, and public opinion reused by those
publications to the point OF demanding
their punishment. The legal powers Of
Judges Barnard, Cardozo, and McCuna to
punish for contempt were the same as
those OF the Supreme Court OF Illinois
now are. What would have been thought
had they caused every editor to be fined
who arraigned their Integrity The cues.
ton whether II lmpedes or promotes the
administration Of justice 10 charge a
Judge with bribery or not depends on
whether the Judge has been guilty Of
bribery or not, Il he has, the admins.
tratlon ofjustIce is promoted by charging
1t In the newspapers. 1.-The has not, It Is
impeded. But this Is not a fit question
Tor the Judge himself to decide. Being
the aggrieved party, he should not sit In
bis own case.
We hope 1t may be long before the press
OF Illinois will be justified 10 charging any
Of our courts with bribery. But should
they ever assume the responsibility oil
making the charge in earnest, the particu.
lar Jud Ses who deem themselves aggriev.
ed thereby will hardly have the audacity
TO determine the question which would be
raised between the press and themselves.
For Judges, no more than Governors, or
members Of the Legislature, can clam
that the interests Of Justice demand that
they ahall be Exemption criticism either
by the press or by individuals, whether It
bear on their integrity or ability. Its
only by such right OF criticism that the
purity Of any grade Of officials can be
preserved. Reputation itself would have
no value unless criticism was Tree.