, 1875-03-31


Democratic defeat, rotcs down compulsory
/ education.
FREEDOM OF TIE PRESS AND 1NDEPEND.
ENGE or TILE COURTS.
When wo wroto Mondny on the subject Of
the contempt case, it was under some dcpres-
sion Of spirits, in consequence OF tho incar-
cerntion Of an editor in "felon's coll" as
was then supposed. The sympathetic side of
our nature was touched, md it wns impossi-
bio to look calmly Oh and fairly consider the
provocation Which caused the judicial blow TO
DO inflicted. But, as tho Imprisonment ter
ntinntel in nothing worse thnn few hours
detention in the Sherid's private parlor, in
tho company Of congenial spirits, thinks to
tho overruling interposition Of supreme au-
sllority whose lightning stro1;e set tho pris-
onor free, the other eide Of tho matter eau
now 10 safely considered.
The case has two sides, and much may bo
snid on both. 1t il too important to be
passed over without full understanding of
the facts. It WIS not, MS is generally assumed,
q caso where tho contempt consisted in m in
suit to tho presiding Judge, md where tho
Judge "was tho prosecutor, Judge, jury, and
cxccutioner III Ills own case." The contempt
was in the publication Of certain articles
directed against the private character of tho
members Of the Grand Jury, collectively and
individually, againss which articles tho
Grand Jury appealed to tho Court for pro-
lection.
It appears from tho review of tho books
by both Court and counsel that tho cass is
unprecedented mud thnt m assault upon n
Grand Jury to iutirntlate then, against find
ing indictments, or to force them to find III
dictmcnts, has never before occupied tho at-
tention Of my Court since tho American
Union WIS founded. On the 18th of February,
tho Grand Jury found four indictments
against tho editor Of tho Times On tho
18th, 18th, and for several successive days, lle
referred to tho Grand Jury, collectively aud
several'y, by name, as " male strumpets,'
" common dr1'nkarils," "sports," bum
mers," "frequcntcra Of brothcls," gar,-
blers," etc., ETC., in connection will, having
indicted him for obscene publications. de-
uounced tile indictments NJ mean, pitifnl
revenge" and informed the Jury TINT tic
7fmfs would carry "the battle to the end"
While these articles were passing through tho
paper, the Grand Jury hal other complaints
against tho same paper under consideration, and
accopted these attacks as IN effort to intimi-
date them in the discharge Of their duty by
shameless personal assaults upon tho men,
bers, calculated to injuro them in their pri- |
yatc business and otherwise. This is what |
Judge WILLIAMS held to be contempt, rs an |
effort "to impede, ctnbarrass, and obstruct
tho business of the Court" It was against
these attaclss the Grand Jury appealed to tho
Court for protection.
Tho freedom Of the press is moro than any |
thing else dependent on tho independence
aud fcarlcssncss Of tho courts. Without the |
protection Of fearless and upright Judiciary,
tho rights Of tho presH nnd Of all citizens
would 10 frall indeed. The 1iborty Of tho
press does not consist Of tho nero privilege
OF tho editor; it is liberty pertaining
to the general public. In tho Same
way tho fracdoln of tho courts
from violence, insult, interference, or
calculated to deter or prevent a
adischarge Of their duties, Is 10 less m
invasion Of tho rights Of tho general public. |
Every INN las M interest in maintaining the |
Of tho courts, as well as in uphold
ing tho freedom Of tho prcss, nnd, Oh wa have
said, the press itself would 10 helpless With
out the protection Of tho courts.
An essential part OF the machinery OF tho
courts arc tho Grand and Petit Jurics. Every
adult ma1o citizen iu Cook County IL subject
10 jury service. They ars liable to bo called
ut any dny. Except to the professional juror,
this duty is an irksomo ouo. 10 mon in bust
ucsa, 1t Is q costly and very embarrassing
duty, which is never rendered except upon
compulslou. Tho Granl Jury hnve to hear
70 1arte statements Of alleged crimes autl
ot5snbes, mud to decide whether there ts
reasonable cause shown for holding ac-
FUSED persons to trial. They do not
convict any person, but they must
ncict before there cau be trial or conviction.
It il thankless Office, rarely IT over sought,
It il qucstion how far these men, PERFORM
ng disagrecablo but necessary duty under
:ho law, may be assaulted in their good name,
heir family relations, thoir personal habits.
|hoir business engagements, by persons inter
:sted in having them find bills, or reject bills,
'f indictment; or when thoy, upon their
oatlla, IN thu discharge OF duty forced upou
them, do tiul an indictment, 1t is n question
Low fur they may Ibo published to tho world
o. ulnlo ssrumreta, common lruukards, ga1a-
e'ers, Or held up to public Bcorn by other like
descriptive epithets. 1t isa question wAeth-
er merchant serving on the Grand Jury cru
10 subjected to the penalty OF being repre-.
scutsd to tue world ~ part owner
III a house OF prostitution, or W
common drun1sud. because 10 ands