The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1896-06-13
Editor Barry Takes Up the
Fight in the Star With
Vigor.
he SCORES JUDGE CATLIN.
A Constitutional Amendment Wanted
to Protect Editors From
JUICES.

A concerted and vigorous effort will be
made to reorganize the Free Press Defense
Association, which waged victorious bat
tie five wears ago on behalf of free speech.
The association will also lend its endea
vors toward having an amendment to the
constitution of California adopted so that
editors may not be at the mercy of Judges
whom they criticize.
The proposed revival of the Defense As
ISOLATION has been brought about by the
recent action of Judge Catiin OF Sacra-
mento in committing Charles K. Nc.
Clatchey of the Bee to jail for $50 days, with
the alternative of fine of $500. This grew
out of contempt proceedings. 1t is now
claimed by interested citizens of this City
that the punishment imposed on Editor
McClatchey was a violation of what is
known as the Barry contempt law.
That law was passed by an almost unani-
nous vote by the Legislature of 1891, and
emphaticalIy deprlves Judge of the arbi-
trary power to summary punish critic
for contempt. 1t reads as follows:
No speech, statement or publication reflect
ing upon or concerning any court or any Off
Ger thereof, shall be treated or punished as
contempt OF such court unless mace IN the
immediate presence OF such court while IN ses-
sion, and in such manner as to actually in
teriere with its proceedings.
Editor Barry of the Star has championed
the cause, not for McClatchey, but for the
principle involved, as he himself says. In
ibis weeks Star he says editorially upon
the subject in the course of long, leading
article:
The constitution provides that "every citi
zen may freely speak, write and publish his
sentiments on all subjects, being responsible
for the a buse OF that right.
ii Editor McClatchey hbeled the Judge that
dignitary could, like any other citizen, have
prosecuted him for libel, where the accused
and aceuser would be upon an equal footing,
and the truth or falsity of the charges be
passed upon by a jury before an impartial
He convicted man without giving him
privileges that would not be denied TO any
When Judge thus claims that he has the
inherent right to punish critic Tor con-
tempt he may not be judicial scoundrel, but
many people Will think that he is.
1t is not only McClatchey the editor, but
also Nicola tchey the citizen, who has been out
ragged, and through him all the people, whose
laws have been defied.
AS the individual, Editor McClatchey may be
no more, no less, than any other citizen but
as the representative OF great principle he
must be defended by all who regard common
justice as worth fighting Tor.
Regarding the Free Press Defense Asso-
CldLlOu lie says.
The Free Press Defense Association should
at once be reorg anized, and prepare to fight
the old battle OF five years ago over again. AS
the Supreme Court may, like Judge Catlin, de-
eide that the Barry law is unconstitutional, we
should insist that all legislative candidates
pledge themselves to vote Tor constitutional
amendment which no court, however AFRO
CANT, would dare to override.
Mass-meetings should be held throughout
the State to voice the public indignation
which we know so generally exists, and the
press should echo that indignation in trumpet
tones. For ourselves. we are in the fight to
finish and the fear of Judgemade law and
prison bars shall never deter US from writing
the truth concerning any public servant, par
tieularly judicial public servant
''The Free Press Defense Association is
to be organized at once" said Mr.. Barry
last night, land it will be even stronger
and more influential than ever before.
When it was organized five years ago it
had such well-known men as Congress
man Mcguire, Joseph Leggett, Stewart
Menzies, L. M. Manner (ex-president of the
Federated Trades and ex-Superintendento of
Streets), w. J. B. Mackay formerly editor
of the Coast Seamen's JournaD, Daniel
Farquharson (the banker), A. Sbarboro,
Charles Mau, Charles A. Sumner, Senator
McGowan and others. The Republican
and Democratic conventions of that year
Endorsed the measure. THE CALL was the
first paper to take up the matter, and the
Bee was the first paper outside OF San
Francisco. | can assure you the people
are aroused over this question, and, with
the association in good working order, an
effort will be made to have an
amendment to the constitution adopted
that shall preclude the possibility of the
Supreme Court or any other court riding
nvnr tbis Low ~