The Wichita city eagle. [volume] (Wichita, Kan.) 1872-1883, 1880-05-27
THAT CONTEMPT CASE.

A number of newspapers are pitching
into Judge Campbell, for the summary
proceedings against Millington and Al
lisOn, in which these gentlemen were
fined two hundred dollars each for con-
tempt Of court, in publishing certain
articles rejecting upon the court and
jury, and complaining witness, in a
criminal trial, while motion for new
trial was pending and undetermined.
Publications of this nature, concerning
a case pending in court, are recognized
as constructive contempts, and. courts
have power and discretion in such
eases which, though liable to abuse, is
necessary, and often proper, to be ex-
crcised. As to whether there was an
abuse of authority in this particular
case we express no opinion, as the mat
ter will no doubt be thoroughly re-
viewed in the Supreme Court, and the
law will be settled by that tribunal
which is presumably most competent to
settle it. The EAGLE, while claiming
and exercising, within proper limits,
the right to criticise the conduct Of all
public off cials, has always avoided us
ing its columns to influence public SEN
timcnt, or the tribunal trying a cause
with reference to a case pending, and
our observation is that such publica-
tons usually do more harm than good,
whether the newspaper is right or
wrong. We notice the Courier and
Telegram publish their answers to the
proceeding against them, while the
Monitor publishes the opinion and deci-
sion of of the court. We give an ex-
tract from Judge CampbelPs opinion,
which is too long for publication in full:
1t is true that to one who understands
the situation, the articles are incOnsi..
tent and insincere in tone. They are in
rather than charges, but they
were sufficient for the purpose, and
served to excite the friends Of PaysOn,
ant incite them TO drink more whisky, |
and. threaten and dcnounce the court |
and jury, and the witnesses for the pros.
ecution. Is not this misleading the pub |
lie as to the merits of the case? These |
and these demonstrations |
were thrust in the face of the court. and |
the Judge thereof, just at the moment |
W hen he was trying to diycst his mind
of all undue feeling and prejudice in Or
der that he might calmly and !ispas-
weigh the momentous issues
in the case from judicial standpoint.
1t is to be hoped that he was not affect /
ed one way or. the other. but the SUI
prcme court of Illinois. has well added. |
"A court will, OF course, endeavor to |.
remain wholly unintluenced by publica-
lions like that under consideration, but
will the community believe that it is
able to do so: Can it even be certain
in regard TO itself! Can men always be
sure of their mental poise1 A tiLlid
nan might be influenced TO yie.d, while
A combative man might be driven in the
opposite direction. Whether the actual
influence is on one side or the other, so
ar as it is felt at all, it becomes danger
rus to the administration of justice. Ev-
N if court is happily composed If
Judges of such firm ana equal temper
hat they remain wholly uninfiuenced in
,ither direction, nevertheless disturb
ng element has been thrown into the
council chamber, which it is the wise /.
policy of the law to exclude
There can be no doubt that the pub I
icatiOns complained of. are, taken to- {
.ether, under the peculiar circumstances
# the case, a contempt of court, and
lagrant violation of the privileges and
Iuties of journalism. They may be
omething more. Perhaps they were [
Intended to be used to work up senti-
nent in a political contest. But it is no =
ess a contempt of court, and while the
ndge of this court is not aware that his :
elton is this case may give certain per- n
ons long coveted opportunity for I'M .
ayorable comment, he does not feel at 4
berty to shrink from plain duty on a
hat account. /;
! am Of the opinion that the publica-
ions of the Courier and Telegram upon
he Payson case, and especially those a
ow under consideration, are calculat- 4
Il to do more injury to the peace and
God order, and the well being of the
eople OF this county, than the crime .
by Pays Z
Inc loss oI pubic coincidence III the
ltegrity Of courts would be a calamity Y
tile less than the loss of official integ-
ty itself. In this country the power
the Judiciary rests upon the faith of n
he people in its integrity aud intelli-
ence. Take away this faith and the b
Ioral influence OF the courts is gone 6,
I'd popular respect for law impaired, :.
hen confidence in the courts is gone. u
spect for he.law itself will speedi OF
disappear. and society will become X
e prey of fraud, violence and crime
Newspapers whose editors come into :.
'urt and swear that they are wholly .
norant of the case which they SO flip e.
'ntly discuss. and the mob behind them
e not the proper tribunals to try =,
,estions of life, liberty and property.
ae courts should be allowed TO do this p'
i;hout their interference. They should e1
made to understand that there are tr
cher motives than scramble for Of. ~
c. and if they feel irnpellcI to indulge =.
unjust criticism aud low filings at the .e
arts, the law will no. permit them 10 sh
talge these propcnsities with refer
&c TO ease pending IN the court. of
=
HON THOMAS RYAN -"