Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1884-07-11
FRIDAY. JULY II. 1884.
Contempt Of Court.

SoHtclnpt Va Oomt.
The Supreme Court Of Appeals OF West
Virginia has recently been guilty OF an un-
iustiilable assault upon the freedom OF the
press. The Wheeling fnte.iigencer having
published an article III was reproduced
from smother paper, but that fact Is not i'm
portsn,,) rejecting In some sort upon the
Court, the editors Of that paper have been
arraigned and fined for contempt Of court.
That Is a dangerous precedent. The
freedom Of the press IL the palladium OF our
liberties. II q court can Arralgn an editor
for any comments which may be contained
In his paper upon the decisions Of that tri-
bunal, there would seem to be no limit TO
its power. To arrsign and try Is to assert
the power to fine and imprison. II does
not matter what the article Is, II the Judge
chooses to bold II to be in centemp. Of his
court, the editor must be fined or go to jail
u suffer both punishments.
A much better doctrine Is that contempt
OF court is an offence OF which no man can
be guilty unless In the courtroom, or near,
or unless he disregard some process OF the
court. II the editors Of the Wheeling Intel
iioencer were guilty Of contempt OF court
for repubIshing In their paper what bad
been first published in another paper, sure
Iva the editor OF the other paper was
guilty OF the same offence. 1t will not
do to say that paper published in Wheel
ing cannot reproduce or first publish con-
corning the Supreme Court Of Appeals any
article that could be published without any
risk Of being punished for contempt Of
court by the editor Of paper published on
the other side OF the Ohio river, not as far
from the courthouse rs are many parts OF
Wheeling, or In Moundsville, only ten
miles distant, or, we may add, anywhere In
West Virginia.
Suppose the famous or infamous Judge
UNDERWOOD had undertaken to fine or im-
prison all the editors Ia Virginia who de-
pounced him ms knaye and his decisions
as corrupt: either the press would have
been silenced, and all Its editors fined and
Jailed, or else the people would have had to
rise up and put down by force the judicial
usurper. What other remedy Is there for
such q wrong as the one we are condemn
ing, How is the public to be made &C.
ousinted with the shortcomings OF corrupt
and ignorant judges II such Judges have
the right to fine and imprlson the editors
who dare to speak the truth concerning
themi
Will it be said that the people will turn
such Judges out OF Office o, the next cleo
tiony To say that would be to mock the
victims Of curial injustice. The judges OF
the Supreme Court Of Appeals OF West
Virginia are elected for twelve years, we
think. But suppose 1t were only for six.
IL the press to be muzzled for six years, on
penalty of spending all that time in jail.
unless 1t conceals the crimes OF q
lot Of judicial usurpers aud tyrants
The Judges OF the Federal courts all hold
during good behavior-that IL, for life un-
lees impeached and removed In the manner
provided by law. They, therefore, could
take possession OF the whole land. and
silence every paper, IL they should decide
amongst themselves TO assume such powers
as the judges Of she Supreme Court OF APP
peals Of West Virginia have arrogated to
themselves.
But how are Judges to protect themselves
from false and unjust attacks by the pa
pers? We answer. Just as Congress, or a
State Legislature, or member Of either,
protects itself or himself. We answer. Just
asa private citizen protects himself. A
trial by Jury is Whist every person charged
with crime is enttledto in this free repub.
lic-not trial by corrupt, or ignorant, oil
malicious Judges. The article complained
OF by the West Virginia court was either
true, or else 1t was criminal llbeli or an
actionable libel. There is, or ought to be
some way Of Furnishing the editor who
utters ialseboods calculated to bring q cour'
into contempt. We have not word to say
In justification Of such man. But 1t will
never do TO commit the trial OF the case tc
the complainant. That were mockery o.
justice.
Editors are as good as Iudges-as useful
as worthy Of respect, and rs much entitled
TO have the protecting arms OF the commu.
nifty thrown around them. The press Il
feared by the corrupt or ignorant Judge
1t would. therefore, be as fair to let tho ed
itor decide how far he shall 60 In denoun
cling the Judge as TO let the Judge exercise
his own pleasure In Furnishing the editor
Therefore, let jury find the editor guilty
before sublecting him to any punishment
by Judge that the editor could not inflici
upon the Judge.
The public will not DO slow TO punish Of
editor who libels . court. Juries win b,
sure to 20 far enough In Furnishing such OF
fences. There is no liberation in this coun
try for them.
II, as Chisf-Justice MARSHALL said, 81
ignorant and corrupt judiciary is the great
est curse that can befall country, let u
keep OF that curse by protecting free ant
untrsmmelled press In the right 10 tell tn
truth about the Judiciary.
L. Is maxim Of the common law that
Is better 10 let ninety-nine guilty mel
sOcape punishment than to punish one In
nocent man.
The judges Of the Supreme Court o
Appeals Of West Virginia are oil our part,
friends. Some Of them arc our persona
friends. One Of them we might, we sup
pose, venture TO claim as an intimate friend
We would like 10 side with them In thii
matter II we could. But we cannot
Their way leads to despotism.
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The Two-Thirds Rule.