The Hawaiian gazette., 1880-01-21

principled and incapable Judges might feel
personally benefited by an absence of that
criticism which would serve the community
in Fastening their removal but only the most
vital necessity could justify the exposure of
the judiciary TO the temptation of abuse of
power which would come with their removal
from the field of press criticism and as re-
suit thereof, from sense of responsibility to
public sentiment.
In countries where governments are con-
trolled by public opinion, can any exception
be made to the freedom of the press, or is it
sufficient to allow it full liberty of expression,
with responsibility for such liberty?
Looking at these inquiries from the public
standpoint, we find several obstacles against
making such exception in favor of any inter-
est whatever. The difficulty of deciding upon
the privileged subjects of exemption would be
too great for any Legislature or executive;
arbitrary restrictions OF this kind upon the
press would introduce an element into politics
that would be dangerous to civil liberty, and
inconsistent with constitutional guarantees
against class legislation, while both official
and non-oficial public men shielded from the
healthy influence of criticism and accountable
ity to public opinion wonld inevitably deterior-
ate, and in this case officials would be exposed
to the temptation of abuse of power referred
gent communities, in view of these dangers,
take the alarm at any hint of "muzzling the
press as such process is appropriately
termed
With this large liberty comes the tendency
to abuse common to other similar privileges.
Freedom of the press is too great an opportu-
nifty not to be used by weak and corrupt men
for their many unfair and evil designs The
law stands ready to defend society from
a malicious or immoral use of this license,
such as libel of character or the publication
of indecent literature; but there are other
abuses which the law does not reach and for
the eradication of which we must look to a
healty public sentiment "When some two
centuries since, an enterprising London print
er issued the first number of the COW0m with
the notable preface that it should be but
printed record of the news which every day
passed from mouth to mouth, and that it
would not descend to any private reporting or
other equally low and underhand means of
obtaining information" he felt this inevitable
temptation, but while guarding against it he
could not forecast the general misuse of the
power of the press which the journalism of
the future was destined to develop. A dis
regard for the common courteses of life has
doubtless been encouraged by a somewhat
impersonal character of the press. Men who
in speech and social intercourse pride them
selves in their careful observance of the polite
customs of society, do not hesitate in writing
for publication, to cast them utterly aside, and
to proceed to the farthest reach of legal limi-
tations in matters of personal criticism. This
apparent want of courtesy in journalism is
nothing more nor less than real innate cow
ardly illbreeding, which shows itself as soon
as it can find fair cover The impulse that
attacks private character and misconstrues mo-
tives through published statements is as def
cieEt in honor as is similar conduct by a
social gossip or scandal monger. No argu-
ment can be made against or apology for either
course that would not equally apply to the
other. Courtesy is founded upon morals, and
no departure from its practice is defensible or
useful. The argument of expediency is the
only possible excuse of journalistic bad breed
ing but even if such an argument were ad-
missible, it fails in this case for the
reason that such indulgence is always and
everywhere ineXpedient and damaging to the
cause it would assist. In ordinary intercourse
vituperation is left to roughs and rowdies
without sense of personal sacrifice or loss of
power from its disuse as a weapon. A man
who calls names gains no advantage in so do
ing, either in personal force or the sympathy
of lockers on on the other hand he Injuries
himself more than his adversary; and this is
equally true whether such attack is spoken or
published.
Under these moral restrictions, it may seem
to some that the press is shorn of half its
power, that its "wings are clipped" Who
will rebuke public wrong; whence shall come
fearless denunciations of corrupt power; !;
whence impeachments of the arrogant prosti-
tuition of high trusts in the name of Justice and
H. H..
proper names and see that it Injuries no ones
feelings? The previous analogy of the rule of
courtesy in every day life, is of safe applica-
tion to this question, but here is a clear and
important distinction. Morals demand no
claiming of The thunderbots of the fourth es-
tate, only that they shall be hurled in the
right direction. Officials and other public
men belong to the community as far as their
public acts are concerned, and public criti-
cism of them, even though it be condemna-
tory, is often right and necessary; even a
mans private life may sometimes be exposed
for the sake of its significance in relation to
his fitness for public service. There is no
breach of courtesy in this; the qualifications
of candidate for position must necessarily
be investigated by his employers. Neither
can he resent Just criticism, however free or
severe. of his public acts and utterances
They may be the staple Of general conversa-
tion; there can hardly be any reason why
they should not be made the subjects of news
paper discussion. There is no real harsh
ness in severe and unfavorable review of
new book, if such notice is fair under the
laws of criticism. 1t may be stated as a clear
principle, that while it is generally imperti-
nent to expose private lives, all public things,
such as books, patented improvements, build
ings and works of engineering, and official
acts and utterances of public servants, may
and should be honestly reviewed in the forum
of the press as well as in the more limited
circles of social expression, and this is done
without any necessary departure from the
laws of good manners and kindly feeling
Simple duty to readers in a journalist de-
mands rigid adherence to truth, even though
the performance of this duty may be painful
both to the critic and to the subject of re-
view. This principle, of course, does not ex-
cuse malicious personality toward officials,
but circumstances may justify the publishing
of a man as a scoundrel or otherwise defec-
tive and unworthy of confidence.
Another subject may properly be refer
red to in this paper under the head of the
abuses of the liberty of the press, and one
which is important to morals. 1t is often the
unpleasant duty of courts of law to listen to
testimony of morally offensive character,
and some journals follow the practice of
reporting and publishing such testimony YER
batim in their columns without regard to its OBJ
jectionable character in those cases which are
sufficiently prominent to be of general interest.
There is no existing reason which makes such
publications either necessary or desirable. 1t