The Providence news. (Providence [R.I.]) 1891-1906, 1893-09-28

Is TO be made in any newspaper until the
care Is ended" Such a sensation hes not
been created in court for some time.
The reporters then retired. A LAWYER
said later: sit is believed that there has
been an understanding among the JUS
tices OF the courts that hereafter cases are
to be tried in the cour ., aud not in the
newspapers" The move was never
known here before.
Judge Is ,rker has been on the supreme
bench two years. having been promoted
fro the superior court by Governor
Russell in July, 1891, to fill the vacancy
caused by the death of Justics N lillian
Allen. He is a Republican. He served IN
the state legislature as n represent tative
from Pittsfield. In 1880 he was se ected
a delegate to the National Republican
Convention. One who is identined VITA
the case says the reason for he jad ge's
action Is that 1t is suspected that case
is one Of blackmail against Mr. Morse,
who is an ex-state senator.
Opinions of Lawyers
The order Of Judge Barker restraining
the pr IS from publishing the evidence i'm
the Van Houten-Morse case yesterday
formed the leading theme of conversation
among members Of the legal profession
during the day.
At lorney General Pillsbury, when
asked about Judge Barkcr's determiua-
tion in the Van Houten case, said he did
not care to speak on 1t, but the law per-
mitted full aid accurate report Of the
court proceedings to he pub ished.
Mr. Charles T. Gallagher said: ''It is
the first time ever heerd OF the right
being exercis d in my practice: it is a
nd
while i should be the last to question
tho wisdom OF the court in making tire
order. the right, II generally exercise i'm
pro- erly, would be great abuse Of the
rilht OF toe press to publish Judicial pro-
ceedings, and the rights OF the public to
obi ain Information.
"My fear is that the order will result
in legislation limiting the p wer To pun-
ish for contempt, as was done in the case
of the u. $. judiciary In 1891
II is most unfortunate thing that
the court found it necessary to make the
order"
Said II. NJ Morse, Jr., one Of the coun-
sci in the case "Such an order IL 81 h
out precedent in the courts of Massa-
chusetts."
A California Case.
Recently an editor was fined by n Cali
fornia court for publishing "A report OF
testimony taken In divorce case after
the court hail made Al order forbddng
such publication. The editor appeale |.
and the supreme court has sustaine his
appeal. holding tiat the lower court bad
attempted an abridgement of constitu-
tional right.
According to the decision rendered In
the cas- n court has no right To prevent a
publication. unless such publication
would interfere with the opera tions OF
justice. or emDarrass the court In It's pro-
ceedings. IL WIS not held that this pas-
ticular publication would have such an
effect.
The order was made because Of the
opinion of the judge that the testimony
was unfit for publication. But the ,urts
are not, as the decision in the higher
court Sc 8 out clearly, the conservators
OF public morals.
The ri ht Of the editor 10 publish what
lie chose OF the proceedings was based
upon the right OF free speech guaranteed
b. the constitution. What man may
10 ak he may write and publish. This is
tie freedom Of the press aud IL isa liberty