New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1897-11-14
NOT CONTEMPT or Court.
JUDGES oN THE HE%cH ARE OPEN TO REASON
AULE CEILIcI.N.

JUDGES oS THE rE;cH ARE Open TO REASON
AuLE CRITICISM
From Tho Albany Law Journal
The decision or the supreme Court ~ Wiscon-
sin lu o.. now famous Eau Cia.I, con. mpt case
not only makes r,ry !ntcrcs..u; reading Dut
con .tltuios ono nf the most enuhHu. Nihd.ca-
tiuI- of thc D. thfF ~ free speech ana Tree cilu-
cfe,l which ua have had from the bench In a
long time. 10 may hc wei 90 recall the salient
facts Of th.s remarkable case. judge EtIry. OF
Eau Claire. who E.r % c1r.l date iur reelection
last srrius objected 90 certain editorials ana
communications ln local paper severely an
lualv,ftlpg uI on bis official conduct ana meth
DDS the writer and editor having filed Hiid1fits
I'm contempt proceedings Instituted against them
bv the Tu lgel alleging the truth ~ their charges
~ uafairucss, Partially and incdpdciiy AGAINST
Jude. r.. Jose Lc .uetly refused tu proceed with
Tho hearing a.l made an order adjusting his
critic. r.-lty OF contempt. Tho offenders were
o. I. committed 10 jail but writ of prohibition
from %. supreme Cour; saved them from mat
Oh. Supreme Court. I'm reviewing the case.
points oIt the fact that the criticisms made upon
Judge Bailey mad no reference TO any action or
his in connection with the case then pending
whether Just unjust, they We're general in
their nature. and referred 10 past conduct The
Court SAYS II IS wen persuaded that newspaper
comments on cases finally decided prior 10 the
publication cannot be considered criminal con-
TEMPT ana that they DO not obstruct the admin
istration Of justice however much they may tend
TO prejudice the Judge against whom they are
directed While It is Of the first Importance that
Judges should perform their grave duties unim-
NEEDED Il is equally important that the right or
citizens and newspapers 10 crtlcse what they
deem arbitrary, unworthy and corrupt conduct
should be jealousy preserved. The Court says:
"TruIy. It must be a grevous and woighty
necessity which will justify so arbitrary pro-
cecdine whereby 4 candidate for Office becomes
the accuser jude and jury, and may within n
few hours summarily punish his critic by lmpris.
Onmcnt The result Of such doctrine is That all
unravorablc criticism Of n sitting judges past
official conduct can be M once stopped by the
Judec himself or, u not stopped, can be pun
ishcI by immediate imprisonment. If there can
be any more cnactual way 10 gag the press ana
subyort freedom % speech We do not kno" where
10 find H." ,
This Is singing rebukc. but Justly deserved.
and one needed 10 remind arrogant and dlcta-
tOri4f 'urirts that they are no more above proper
criticism than are any ordinary individuals. To
silently nararhr1se the poet: mo divinity doth
hedge about a JUDGE" least OF all Mt time
when he is n candidate FOR Office The law pro-
vllcs ADEQUATE remedies for unjustiAabe at
tacks upon their character, but does not permit
the summary filming and imprisonment Of critics.
even when their criticisms go beyond what may
be deemed proper limits. provided such aninad-
versions do not clearly tend TO obstruct the ad-
ministration Of Justice In then pending case