Lancaster daily intelligencer. [volume] (Lancaster, Pa.) 1864-1928, 1880-04-13

Easton Sentinel. Dem.
a veritable Dogberry.'
No Punishment Without Trial.
Oxford Press, Ind.
1t IS possible that newspapers are SOME
times severe and uni ust in their criticisms
of public bodies and official acts, but Just
how far they have rights in this direction,
in matters that concern the public veal Is
not SO clearly defined that a judge may
assume to punish without fair and i'm
partial trial.
John Cessna S District Heard From.
Bedford Inquirer, Rep.
1t is needless for us to characterize that
decision as an outrage ON the constitutional
rights of the people to a free press. While
there were other roads open to vlndlca-
ton of the judges character it was mon
strous abuse of his privileges to constitute
himself the prosecutor, judge, jury and
eXecutioner.
Getting at it.
| Erie Observer, Dem.
The judge does not deny that the dis
trict attorney settled the case for political
reasons, but condemns the editors of the
| INTELLIGENCER for duplicating the court.
! 1t appears to us that he should have de-
| barred the district attorney first.
Lawyers to be Tied Down.
New Holland Clarion, Rep.
This ruling has caused 4 great deal OF
| newspaper comment, the prevailing Opln-
ion being that the Judge has Overstepped
his rights by undertaking to punish these
publishers as lawyers for Offenses against
his dignity, as editors. There is one thing
certain and that is, if the ruling should be
sustained by the supreme court-to which
the disbarred members say they intend to
appeal-then lawyers who may undertake
to act in the capacity of editors will here
after be pretty well tied down.
Purely a Question of Law.
| Lancaster Inquirer, Rep.
| Whether or not Judge Patterson cx-
ceeded his power under the law in his
summary dismissal of Messrs. Steinman
and Hensel from the bar, is a question that
will ultimately be decided by the supreme
court of the state, the defendants having
signiied their purpose of carrying it there.
| 1t is purely question of law, and there is
no doubt both parties will be fairly dealt
| with by the court of last resort. We there
fore prefer, and would advise others, to
| withhold excited discussion on Il subject
that must be decided entirely on its
| merits.
Simple Justice Abandoned.
| Erie Evening Herald. Dem.
The opinion given by Judge Patterson
| in the case is an extremely good exposition
| of how ignorant judge may be and how
arrogantly he can display that ignorance.
| 1t is very lengthy; but all the alleged rea-
| soning in the world would not convince
| any man of common sense that the eXpul-
| sion of these two lawyers was not high
| handed outrage. The time has gone by
| when Judges were 4 privileged class, too
sacred in their Office to be criticized by
| public journals, however conspicuous they
| might display the infirmitics from which
none, high or low, can claim exemption.
| The dsbarrcd gentlemen appeal to high
| cr court, and if the opinion of Judge Pat
terson is not reversed, the world will rea-
| lize more than ever that political consider
ations and not simple justice sway the
minds Of too many judicial dignitaries.
Sets Himself Above the Law.
! Pottsvillc Chronicle. Dem.
| If the press of the country are to be pre-
vented from fair and impartial criticism
| of such transactions as the officials of
| Judge PattersOn's court were involved in,
then the guarantee of the freedom of the
| press is vain and empty boast. AS to
the more strictly professional question
| whether a member of the bar is at liberty,
| outside the court and in a different capa-
| city, to criticise the actions of the bench, it
! is merely necessary to cite the act of the
Pennsylvania legislature, passed June 10th,
1886, which declares that s. No publication
out of court, respecting the conduct of the
Judges, officers of the court, jurors, wit
nesses, parties or any of them, of, in or
concerning any cause depending in such
| court shall be construed into contempt
| of the said court, SO as to render the
author, printer, publisher either of them,
ment for the same"
| The constitution of Pennsylvania de-
clares that s. the printing press shall be
free to every person." lawyer as we'll as
| layman, ''who may undertake to examine
the proceedings of the legislature or any
branch of the government, and no law
| shall ever be made to restrain the right
| thereof This attempt of Judge Patter-
son to set himself above the constitution
and the law, and by an arbitrary order of
court abridge the freedom of the press,
will doubtless arouse such a feeling of in
| dignatiOn against this latest specimen of
judicial tyranny as will cause this FOOLS h
and unjust judge to regret his ill-advised
action.
| DOsberry's Dive into Law.
Philadelphia Chronicle-II Herald, Dem.
| The editors showed no inclination to
humble themselves, and Dogberry took a
dive into the law and the precedents, in
the hope of being able to patch up a justi-
ficatiOn ofwhat he was about to do. He
found the law fatally defective from his
| standpoint and was careful to supply all of
its omissions. He found not Il single pre-
cedent, but he did find a decision of Chief
! Justice Gibson, and that he twisted and
slashed until, in the quiet of his study and
the desperate demands of his situation, it
must have looked to him very like the pre-
cedent he was searching for.
Judge Patterson claims to have shown,
| what is very easily shown, that .'the
power of the court to punish for official
misconduct is well established by author
| ity." He is not able to show, however.
| that the power to punish an attorney for
what an editor prints lies with any Judge.
Nobody doubts, what Judge Patterson is
| at so much pains to prove, that an attOr-
| ney is to be held to strict account for what
he does in his office of attorney, but the
| law is conclusive against the assumed
power ola judge to punish an attorney for
| what he prints in his capacity of editor
The two are distinct individualities. which
| the law does not confound. however indus
triously Judge Patterson may labor to
make it appear so.
There is law enough to reach an editor
who prints a libel, but it wasn't in Judge
Patterson's programme to appeal to jury
II shifted him better to take 4 Snon i1fir