The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-04-26
JrpcEs AND NKwsPAPERs.

JUDGES AND NEwsPAPERs.
What reason ia there why the judiciary
should be entirely free from the same
newspaper criticism applied to the other
two coordinate branches OF our govern
ment2 II an executive officer is remiss
in his public duties he is not spared by
the editor in his office. Neither is any
member Of law-making body who
comes short Of the full measure OF his
public duty. But the awful circle OF Ju-
dicial wrath is drawn around court
room ana the anathema Of contempt
OF court" kept hanging over the luckless
head Of any one who should dare 10 Of
fer word OF criticism on any court pro
ceeding. be il ever so notorious or ma
grant 1t has never been maintained
that executive officers and lawmakers
are free from mistakes and above suspi-
cion In their motives, though the rule is
that they are both capable and honest
The ridges OF our courts are no nearer
infallible and no more free from the
prsjudices and weaknesses Of human
nature than those who make the laws
which the judges declare and which eH-
ecutive officers enforce.
A recent incident which makes these
remarks timely was the unseemly and
vicious conduct Of Judge Scott, Of
Omaha, in his treatment of Edward
Rosewater, editor OF the Omaha Bee.
Mr.. Rosewater WAS arrsigned for con-
tempt Of court in allowing TO be printed
In his newspaper a local article in which
il was stated that there was evidently
some partially shown 70 certain crimi-
nails in the court over which Judge
Scutt presided. In support Of the asser-
tion the newspaper cited the fact that
OF two men caught robbing a railroad
depot one, who was q poor man, was
sentenced to prison, and the other, the
son OF wealthy parents, was given his
liberty without the case coming 10 trial
The facts as stated by the newspaper
we're not denied, but Judge Scott, who
had dismissed the case against the son
Of wealthy parents, felt aggrievsd at the
use Of the word pull in the ar
ticle and sent the reporter to jail for
thirty days in the most summary man
ner, after a dsgraceful scene in his
court in which the judge made a most
unseenly display Of bad temper aud bad
manners.
Not content with this. several days
later Judge Scott had Mr.. Rosewater,
the editor Of the paper, dragged before
him for contempt in allowing the article
TO appear in his paper. Evidence was
introduced to show that Mr.. Rosewater
knew absolutely nothing OF the article
compl lined OF until he read it IN his
paper; be had not in any way inspired
the article. In spite OF this, however,
Judge Scott berated the unoffending ed
itor In a savage and illtempered manner
and fastened on 10 pass sentence with
out giving Mr.. Rosewater an opportu-
nifty 10 be heard The sheriff was or
dered to hurry the prisoner 20 the
county jail 10 serve a sentence Of thirty
days. But fortunately for the good
name Of the state Of Nebraska as soon
az the matter was brought TO the atteu-
ton Of the supreme court Of the state, a
supersedeas was granted and Mr. Rose
water released until the case can be re-
viewed by the higher court.
Though the liberty Of the press 10
criticise public servants. amorg whom
are the judges Of the public courts, is
sometimes used as q mask to hide per
sonal enmity and political hatred, il is
nevertheless the greatest bulwark o.
free government. The press lays before
the people as a rule impartially, the
proceedings Of oil public servants, dis
closes the Interior motives Of unfaithful
and designing men who secure places q
public trust, and lauds the faithful and
conscientious labors n worthy and com
potent men. The press provides tho
public with the information necessary
10 determine whether OF rot public
servants. including judges, arc worthy
the confidence reposed 10 them.
Judges are not class unto themselves.
above the obligations % accounting 20
the public for their official acts.