Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1897-10-01
THINGS MORE SERIOTIS
The Press and the Courts.

iCnlcdBO ilfntS-f1tIdlu.D
The interesting opinion delivered by
Judge Winslow,. of the Supreme Court
of Wisconsin, upon the rights of the
press and the rights of judges and courts,
and TO what extent newspaper criticism
Of judges may go, will undoubtedly at
tract widespread attention.
That courts and judges must have the
power TO enforce respect and punish acts
or public criticisms that tend to bring
reproach upon them or interfere with
the just performance Of their duties can
not be denied And yet there must be a
limit to this power. Freedom of speech
and of just criticism must also be pre-
served. Judges are not little tin gods on
wheels" and the ermine is no panoply
for unwisdom and lack of learning. To
protect both-to restrain arrogance and
judicial tyranny on the one side and I'M
bounded license of comment on the other,
should therefore be the object OF the
law. The sense of justice that usually
pervades a community draws the line
IN this respect very accurately. Every
body of intelligence knows that IL is un-
just and unfair on the part of the press
to discuss a trial i'm progress, to weigh
the testimony, criticise the judges rulings
or reflect upon the demeanor of counsel.
If this is not wrong, nothing is wrong,
and II should be stayed in the most per-
emptory manner. 1t never was tolerated
in England, and many newspaper edi-
tor or proprietor has been laid by the
heels" for criticism on court proceed
ings far more harmless than that which
daily appears in certain class OF Ameri-
can newspapers.
On the other hand, some OF the mea-
sures of the English judges would not be
endured in this country. any longer, at
least than would be necessary to get rid
of the offending judge or give him
fright Some of our Federal judges In
the past have had this kind OF lesson.
while our elective judges find themselves
dropped at the next election.
Judge Winslow goes into the question
deeply, and the decision OF the court Is
undoubtedly law
Last spring Judge w. F. Bailey. of Eau
Claire, was a candidate for reelection TO
the circuit bench. He was strongly OPP
posed. and in the course of the campaign
his conduct on the bench and his fitness
for the office was sharply criticised In
the Eau Claire newspaper, both edi-
torially and In a communication signed
by a prominent Wisconsin lawyer. The
court being in session, Judge Bailey chose
10 regard these criticisms as a contempt,
and brought his offending critics be-
fore him for that offence. Thereupo3
they made affldavits to the truth OF their
statements. and this the Judge decided
was contempt In the presence OF the
Court. and sentenced them to thirty days
in Jail.
This is the proceeding the Supreme
Court has lust reversed.
Judge Winsiow says:
1T must be grievous and weighty ne
cesaitv which will tustifv so arbitrary a
proceeding whereby candidate for office !
becomes the accuser, Judge. and jury.
and NAV within few hours summarily |
punish his critic by imprisonment. The |
result of such doctrine Is that all I'M |
favorable criticism OF n sitting judges |
past official conduct can be at once stop |
ped by the Judge himself, or. II not stop |
ped, can be punished by immediate i'm |
And In this jucEment both the bar anc |
he country generally will concur.