Daily Kennebec journal., 1896-05-28
PRESS TRIUMPHANT
Publicity Of Proceedings Before a Referee
Sustained.

= service has been recently rendered
10 the press of the country by Mr. J.
MAX Beers, of the Elmira Gazette,
Wiilch the fraternity will not be slow
10 appreciate. 1t seems that an at
tempt was made to exclude one of his
reporters from the examination, before
referee, of Colonel Robinson. against
Whom legal proceedings had been in
stituted
According to the custom of this
state. the judge of the court in which
the case was brought assigned the
supplementary examination to Referee
francis j. Byrne. and when the pro-
ceedings were begun on Nav 4th.
Colonel Robinson refused to answer
questions until the reporter was ex-
Guided from the ROOM
The comparatively unmportant mat
ters at issue became instantly subor-
dinate to the vital and far-reachinc
question involved, of whether a
referee, holding an examination in his
private office. is acting in a judiciary
sense, and also whether such proceed
ngs are similar to those in court of
record
AS the minutes of the examination
are always filed in the office of the
county clerk. and are regarded as
public documents, the Gazette did not
hesitate to insist, through it's legal
representative. Mr. j. O'Connor, that it
be allowed to file a brief in support of
its claim that the reporter could not be
excluded without rendering the exam
ination void:
The hearing was granted by the
Judge of the court who appointed the
referee, and the contention of the
Gazette may be briefly summarized as
follows:
]. referee is merely a representa-
tive of the court. and as such the pro-
ceedinSS are conducted by him, at the
courts direction, the same as when
conducted by the court.
;, The minutes of the examination
are filed as soon as completed and are
open to the public. Nothing, therefore,
could be gained except a brief delay.
D. 1t is the constitutional right of
every citizen to know how the judicial
branch Of the government is being ad-
ministered
4. The law not only permits but re-
quires legal proceedings to be publicly
conducted, obviously for the public
good.
g. The exclusion of the Gazette in
this particular case would become Il
precedent, in subversion of the liberty
OF the press. and in deprivation of its
constitutional rights.
The attorney for Colonel Robinson
presented an extended argument in
4nrt nf
porter be excluded The more impor-
tant features may be briefly stated as
follows:
/. Section ) of the civil code permits in
certain cases the exclusion of all per
sons except witnesses and interested
parties, in the interest of public
morals.
p While such exclusion is usually
confined to cases of divorce, involving
testimony as to adultery and criminal
conversation. there have been excep-
tions in civil procedure where the
referee has exercised discretionary
power. such as that in which Samuel
l.. Clemens appeared as plaintiff.
g. The private interests of the de
fendant would be ieopardized by such
unnecessary publicity.
The judge-Hon. Walter Lloyd Smith
took the matter under advisement,
and on May 18th rendered a decision
favorable, not only to the Gazette. but
to the press of the country. The opin-
ion is too long to be reproduced entire
but the judge took a broad view of the
| case, as its Importance demanded, and
among other things said: -
The request (to exclude the reportei)
is Unusual and before granting it, |
must be clearly satisfied of my right to
do SO.
Two checks upon the failure OF
justice are spoken of in Best on Evi-
dence,' Vol. l., viz: Viva voce exam
ination of witnesses such as will allow
a thorough cross examination, and
publicity of our judicial proceedings.
"Environed as he is, the witness sees
himself by a thousand eyes. Contra
diction, should he hazard a false tale
will seem to rise up in opposition to
him from a thousand tongues. Many
q known face and every unknown one,
presents to him a possible source of
detection, from whence truth he is
struggling to suppress may from some
unsuspected channel burst forth to his
confusion.
"A correct exposition of the reason
underlying the law, would seem to
apply with equal force to an examina-
tion in supplementary proceedings.
There are certain cases excepted by
statute itself, of which this is not one. "
Commenting upon the result. the Ga
zette says: Notwithstanding threat
ened appeal. the result 50 far is an un
qualified victory for the press. In fact
it is question with but one side"
The ca SO is liphtened LID with q dash