The Abbeville press and banner. [volume] (Abbeville, S.C.) 1869-1924, 1880-11-10
Rights of Judges and Editors.

No more important case, affecting the freedom Of the
press. than that Of Judge Patterson against Steinman
Commonwealth, but In the country. The decision is
favorable to free and unshackled Journalism, In a larger
sense than has ever been admitted by our jurists !;
coming from the Supreme Court fPenns, lvanfn, being
enuneiated by ~ learned q lawyer and so eminent a
Judge as Chief Justice Sharswood, will give 1t weight
and force for many generations ~ come.
The defendants In this great test case are Andrew
jackson Steinman and William u. Hensel, publishers,
and.cditors Of the Lancaster (Pa) Daily Intelii0encer
and both Of them lawyers, members Of the Lancaster
bar. The of nee consisted In unfavOrably c%riticising
the Associate Law Judge OF the Common Pleas and
Quarter Sessions Of Lancaster County. The Judge
had acquitted ono Michael Snyder, m nc,ivs local
politician OF Lancaster, Of an alleged violat on OF the
liquor laws. After the case had been decided, the
mtcltigencer commented upon 1t, saying that the
acquittal was procured "hy II prostitution Of the
machinery Of justice to serve the exigencics Of the
Republican 70 ~ as all the parties implicated, as
well as the judges, belong to that party, the court Is
unanimous, for once, that II need take no G guidance
Of the imposition ~practiced upon It, and the disgrace
attaching to It,"
For the publication Of this structure Judge Patter-
son summoned the two ed~it"r.lawyers before him to
snswer for contempt Of curt and show cnnse why
trey should not be disbarred-this is, stricken from
tie roll Of p%racticing nttorncys-for misbehavior ns
lawyers, and unfnithfulness to the court Of which
they were sworn officers. To this Mcssrs. steinmnn
and Hensel made answer, that Judge Patter0n's
proceeding was irregular that there should have
been q sworn complaint, asa foundation for the pro.
~ceedings; that they bad not been guilty Of any con-
tempt; that they could not be held responsible rs
lawyers aud officers Of the court for acts which were
done as publishers and editors of o newspaper that
as citizens they would meet a charge OF libel, leaving
their guilt or innocence to be decided by due cOurse Of
law and lhst they we're ready to stand trial In the
capacity In which the alleged offence had been com
United. that Of editors and publishers Of q newspaper.
Judge Patterson oyerruled these pleas and disbarred
Messrs. s,einman and Hcnsel. Under nm Act Of As
semhly, passed In 1879, they appealed to the Supreme
given by Chief Justice Sherwood. at Pittsburgh, on
Monday October 4. His Honor took broad ground
against the arbitrary action Of Judge Patterson. He
not only restored Messra. Steinman and Henscl to
their places at the bar Of Lancaster, but he used such
unmisaknble language as the following:
To say that an attorney can only act or speak on
this subject ceases before a court) under liability 10 be
called to account and to be deprived Of his profession
and means Of livelihood, By the very judge or judges
whom b. may consider 1t his duty to attack or expose,
lisa position too monstrous to DO entertained for o
moment under our present systcm.
Justice Shar:wood also builds that, even II ATTORNEYS
are convicted BY Jury OF libel!ng o judge, the dishar.
ring Of him would still remain m open question.
There are no technicalities In this mastery and equi g..
able decision; 1t goes TO the h art Of the facts Of o
case that is . sample Of many, IN which Judges OF
courts. where newspapers were concerned, a!rOgated
TO themselves d~ictatorial powers, disregarding nl
forms Of law In what they were pleased to call the
vindication OF tho bench. Judges are falIible, just as
to he governed by partisan zeal. Is q judge Is wrong
ed by anewspaper he has his remedy at law, Just rs
other citizens have; he should receive no less, he
should ask no more and he is not likely to do the
latter in the face Of the decision Of the Supreme Court
Of Pennsylvania In Steinman and Hensel vs.. Patter.