The sun., 1893-10-04
PRESS crssonsnrr nv THE Ear STATE
The Freedom OF the Frees Thresteued by
the Order or q Massachusetts Judge.

The rre,ac-, OF the Free. Thresteuea py
the Order or n Ms.s.chusetts Judge.
To THE EDITOR OF TIE suS-Sr: What IL
admitted by all to be very extraordinary
judicial order Is that made by Judge Barker OF
the Massachusetts Supreme Court. forbidding
any publication OF the proceedings in .
divorce suit nav pending before him.
have becn surprised at the way In
which this tyrannical order has been rs-
ceived by the Boston daily press. As for most
OF tho papers they seem to consider the order
within the proper power OF n Judge and obey
II as matter Of course. 1t Is quite likely that
the details OF this suit are not fit for publica-
tion: but OF that the editors and publishers Of
the daily press are sufficient judges. so long
as they do not publish what is 80 obscene as to
be necessarily dem morallzing. Even then there
are better means for curing the evil than to
establish judicial censorship
II this action OF Judge Barker is not prompt
ly rebuked. there is no knowing what now do-
pial OF constitutional rights Will be- next at
tempted. Thomas Jefferson. the founder of
Democracy. long ago declared that the judi
ca department OF our Government was the
one from which the greatest dangers t? popu.
Federal and State Judges in their devotion to
prccedents were, the sarpers and miners OF
adopted iefrersonian Democracy that your
state has had ever since 1S47 an electiye Judi;
ciary. This state has clung more TO feuefh
judiciary has always bcen appointed. The
fact that all the Judges OF tho New York state
courts get their com issons directly from the
people by popular election has heen doubly cdu-
eating. lam sure that no Judge In New l9rk
state would have issued such an order as this
from Judge Barker, and equally as sure that
II any Judge made such n mistake the press
OF the locality would unite without distinction
OF party to rebuke his action.
The principle involved in this Issue which
Judge Barker has raised is ono OF tho greatest
importance Freedom OF speesh ana Of the
the Constitution OF the United States. The lack
OF this guarantee in the frat draft OF the Con.
stitution was deemed such a defect that several
States Including New aGrs; insistsd rd on dn, this
as the condition for their .rntiiication., SECRET
and star chamber prosecutions were familiar
to our forefahors In English history as grave
Constitution provides explicitly that oil trials
shall be open ard public. and cinches this by
another amendment guaranteeing freedom OF
speech and OF the press.
per has not seen 1t to defy Judge Barker's
order and carry the case up to the Supreme
Court OF tho United States It would be In
9i court in such hs but isei sure
Massachusetts, guarantees freedom OF the
prees. in the following provision.
liberty OF the press Is essential TO- The sscn'ity
restrained in this Comm onwealth"
Apparently the only difficulty in securing a
full vindcation OF popular rights In this mat
ter Ia the unfortunate education alike OF tho
courts and people resulting from the TACT tha.
Massachusetts, Judges are aprointed and not
elective. as they are in New York State IL
Massachusetts, Democrats made more Of the
issues raised by Thomas Jefferson. this State
would soon pe safely Democratic at every
BosToN, Sent 30.