The Jersey City news. (Jersey City [N.J.]) 1889-1906, 1895-03-20
WEDNESDAY. MARCH 20. 1895.
This paper is Democratic IN principles
cnd is Independent IN ats rie,0s on az local
questions.
Publicity for Court Proceedings.

Publicity for Court Proceedings.
We would Ike to know if there is any
law in this State which authorizes a Vice
Chancellor to order reporters of the press
to refrain from reporting the proceed.
ings held openly and publicly in his
court. We would further like to know
if there is any law which authorizes, a
Vice Chancellor to threaten the future
exclusion of a citizen from his court
room. n case such an order as that de-
scribed above were disobeyed.
If there is any such law. we have
never heard of it. It has never been put
in practice in our time. If it exists, we
would like to know OF It here and now,
in order that we might invite the CO.
operation of the other newspapers in
the State in having it promptly re-
pealed BY the Legislature.
About a year ago a judge in Massa-
chusetts. where the courts seem to retain
some of the medieval atmosphere of
NCSIiAE-4@1tC4 K 4tlOAi-Rlt0 uhh
an order prohibiting the publication of
proceedings in a divorce case. held before
him in open court. He very justly in
CURED the unanimous censure of the
entire press of the country. In New
York State. there is statutory provision
for the hearing of divorce cases and GER
tain criminal charges in camera 1t is a
technical contempt of court in any news
paper to publish any report or synopsis
of the proceedings so held. But the law
is Violated ten times a day by every
newspaper in the State. and so hateful
is the statute. so opposed is 1t to the
spirit and practice of Republican gov
that no court has ever seen fit
ever to attempt to call in question the
propr:ety of the technically illegal pub
lieations.
In this State we are advised and we
believe there is no legal authority what
ever for hearings in camera. We have
1t on high authority that even examina-
lions before referees or Masters in Chan-
Gerry are constructively public proceed
ings. 1t is true they are often privately
conducted in fact. but his is because
they lack public interest. or because they
are successfully concealed from the
spape or because. being held often
in private offices, the interested parties
succeed in excluding reporters. ordinary
courtesy making it hard for a reporter
to insist on his right to be present in
the private office of a lawyer. although
we have it on high authority such Of
fee is part of the court and a public
place during the progress of such hear
ing" This. we believe to be the law of
the State. If it is not. it ought to be,
the sooner it is made so the better.
The 'star chamber method should
have no place in our jurisprudence. There
is Overwhelming proof of its pernicious
effect. From the famous Flack case
portance whose wrongs were cursorily
noticed by the. New York papers last
week., we find a chain of abuses n
evils resulting from the effort to keep
public proceedings private in order to
spare the feelings of some Individual or
to observe some fanciful standard OF
decorum.
The notion that public morals are i'm
paired by the publication of divorce cases
is ridiculous. Newspapers invariably
treat such matters with all possible
propriety. If they did not. they would
be punished by the criminal courts, n
they would richly deserve it. 1t is not
possible. nor would 1t be wise even if It
were possible to conceal. even from the
young person that divorces do take
place, and that certain forms of mis-
conduct invariably bring a punishment
in which shameful publicity is a fore
most element. But. indeed. in an age
when the yellow Aster.' the Heavenly
Twins" 1.-THE Pace That Kills and
other similar novels are read by girls
in short dresses. it is rather absurd to
attempt to expurgate the newspapers.
Publicity is the palladium of the in
stttutions of this country. There is no
conceivable reason for exempting the
courts from it. On the contrary. above
all branches of the government. they
should be open and free as the air.
It is proper to add to these remarks
that we yield to none in respect for the
courts of this State. In particular. we
look upon the Court of Chancery as a
venerable tribunal. n our distinguished
regard for 1T extends to a and every
one of the learned gentlemen who pre-
side over it.
Democratic primaries will be held to-
day from four p. M. to min r. M.
throughout the city for the selection Of
candidates for the COMING election. of
fetal primary tickets may be had at
ZACH primary