The courier., 1895-12-14
THE LAW OF CONTEMPT

nA>0A>o&>cA>e>&>0Se
The general trend of judicial proceed
ings In recent years has been more in
terpretative Of the spirit Of the con-
stitutional provision relating to free
dom Of the press 1t can be safely set
down that q community wherein the
press as q whole Ia silent upon In
iquitous doings of courts or public on
cials, is growing decadent NOR
ally and vitality. 1t II OF course DIM
cult sometimes to define the line Of de-
markation between freedom and license
Of the press. but It is infinitely better
for q community II the error is on the
side of license, because our laws are
amply sufiicient to protect the man who
Is unjustly or without reasonable cause
attacked in the public prints. For many
years Il has been - much as newspa-
per mans liberty was worth to criti-
else q Judge on the bench. Our teach
ing has all along been on the line that
naught but respect should be voiced
towards our courts and by Implication
the judges who constitute those courts.
In q broad sense this Is wise. for II
the people are not taught to respect q
court or it's DEGREES they are ripe for an
archy. But in later years corrupt and
servile prejudiced and overbearing men
have found their way upon the bench
in some states, and by their conduct
and evident sympathy with wrong-do-
ers In broadcloth have invited and de-
served the criticism Of the honest MEM
bers of the newspaper profession. By
reason Of their positions rs expounders
of the law they have placed themselves
above public criticism. and when any
newspaper or citizen attempts to ex>
press an opinion upon any decision.
ruling or other act Of the Judge he II
threatened with the ignominy Of being
hauled up for contempt Of court or In
some other way taught to understand
that our courts are all above suspicion.
In view of these facts 1t is graft
flying to know that the broad-minded
OF our jurists are coming to take more
fair and Just view of the relations OF
court and critic. When q newspaper
criticises q court for any Of its acts
or the acts committed in its presence
honestly and without malice and in the
interests Of a better administration Of
justice it ought to be protected from
the unrighteous vengeance Of preju-
diced and choleric judges. The press
stands only second to the courts as one
of our bulwarks of liberty. and the
men who are fearless in exposing wrong
in high places are as much entitled
to protection at the hands of society
as any of our courts.
These views are sustained in q re-
cent decision Of the court Of appeals
of New York. the opinion being in
spired by Judge Peckham, just ap-
pointed q member Of the federal su-
preme court by the president. A New
York newspaper had criticised severely
the ruling of one Of the judges in the
local court. The judge ordered the ar
rest OF the newspaper publisher and
the writer Of the article and held them
guilty of contempt. From the judg-
ment pronounced against them they ap-
peaaed and the court Of appeals has re-
versed the lower court. 1t held that
contempt Of court Is an offense that
can be committed only in the presence
Of the court while in session, by inter-
ference with it's proceedings or pro-
ceases. or elsewhere by violating its in