The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-02-24
GULUMBIA,.S.. G..
'E1esaay Morning. February "a. 1874.
Judge Carpcnter vs.. the Press.

Judge Carpenter vs. the Press.
Judge Carpentor, of this (the Fifth
sLixsuat, has issued rule against Mr. w.
FG. Kennedy, editor Of the (Sumter)
True Southron, living in different cir
suit. to show cause why he should not
'pe attached for contempt Of his court,
sSeesese of editorial structures published
s5a that journal in December last, CON
corning his conduct in the matter of the
1uiunction issued against the Citizens
Savings Bank, of South Carolina.
Ear. Kennedy has duly filed his return
20 the rule. which the Court has decided
.us :insuacient. and allowed the defend
znt until the 3lst or March to file an
amended return. and continued the case
antil the next term of the court. In
explanation Of the matter from his
sta8d-point, <Mr. Kennedy. in a late
issue of tho True Southron, says:
Chow we could commit contempt
Of court when we were not in court at
all, and when we knew of no court be-
ing in session, when we were fifty miles
away from Judge Carpenter, in another
Judges circuit, is problem that we do
not profess to understand. We do not
recognize his authority, or admit his
Jurisdiction, to summon or drag us be-
fore his august tribunal and into his
srowning presence. If we have COM
mltted any crime against the laws of the
State, we are answerable for the same
before the Circuit Court for Sumter,
where We reside, aud there We are ready
and willing to appear whenever neces-
sity requires Us to do 80. II we have
Injured or wronged Judge Carpenter,
he has his remedy in suit for libel,
uhich ne can institute whenever it suits
his tremendous pleasure"
1t is unnecessary for us to say that we
appreciate the talents and attainments
Of Judge Carpenter, or that We recog-
nize to the fullest extent the legitimate
s1afcise:of the powers entrusted to bis
keeping. As q public man, who had
sarned distinguished position in his
party, and whose moderation of views
recommended him to the favorable re-
CARDS of the conservative people of the
State, he received the nomination for
Governor at their hands in 1870. This
has tempered the express
sicns Of the press concerning his public
sa-eer since the close of the unsuccess-
tul canvass in which they generally sup
Torted him. Elected to the Judgeship
cf the Fifth Circuit. there has boen q
disposition on tho part Of the bar and
she people to sustain him in this ele-
rated Ind responsible position. But it
hae been impossible to maintain this at
Itude towards him at all times. He is
out Il public servant. and the people and
the press havs claimed and exercised
the right to Judge him as they Judge
others, upon his merits. They have a
nerfent -;~ht r. lo SO. ara ;,.a. - ->7--o..
privilege to express condemnation OF his
judgments or course of proceedings in
my given matter, II they except to
them. as they have to signify their ap-
proyal in other cases. They have found
it impossible to refrain from structures
on his conduct in the case of the at
torneys for the Citizens Savings Bank,
and the business Of their view has been
by the opinion and action of
tho Judge of the Sixth Circuit, in re-
gard to the supposed disability of one
IF tha attorneys who appeared IN his
-unet. The views OF Judge Maekey are
the views of the country. and very little
doubt exists that they will be affirmed
by still higher court.
We think the point well made by Mr..
k Kennedy, that he could not commit
contempt OF court when he was not in
court at all, when he knew of no court
BEING in session, and was at long dis
tance, in another circuit. OF course,
ne could not undertake to decide the
extent of tho legal offence known as
Contempt of court, or to fix it's exact
3onnds; but its obvious aud ordinary
moaning restricts it to misconduct in the
presence OF the court, whereby its au-
thority is disregarded and impaired.
Can any ingenuity torture an editorial
comment, however severe, into this Of
fence? When an editor writes. be is