The news & observer., 1897-06-09
NEWSPAPER CONTEMPT OF
COURT.

The American Cultivator of a recent
date contains an article under the above
heading which has been called to our
attention by friend, who gives an in
stance of contempt, or so-called contempt
of court, that came near resulting Sc
riouSly "A few years ago, he writes,
lone of our Superior Court Judges SEN
fenced poor fellow to seven years in
the penitentiary for stealing an OK. AS
the prisoner was going out of the court
room with the sheriff he said he would
see the Judge when he got through his
sentence. Thereupon the Judge re-sen-
fenced him to seven more years of inn
prisonment. A citizen of Raleigh, seeing
a notice of this arbitrary act of one of
our Judges, criticized it in one of our
State papers and was called to account
for it by the Judge in severe terms and
challenge was narrowly averted. In
this case it was made personal matter
and outside the jurisdiction of the court,
which aggregates the case.
Inasmuch as the State Press Associa-
ton is in session this week, the informa-
ton contained in the article from the
American Cultivator is timely. We
quote:
THE freedom of the press save only
as modified by liability for legal dam
ages for libel is guaranteed by the Con-
stitution of the United States. On the
other hand, the power of Judges to pun
ish for alleged contempt of court, where
of they shall be allowed to decide auto
cratically, is a power of very dubious
and i'll defined extent That courts have
such power seems TO be incidental to
the necessity of maintaining popular re-
spect for their authority. Yet, as in
such case the Judge acts as an auto
crat, his decision ought to be given only
after the most thorough deliberatiOn on
all the points involved.
.'This is what Judge Lamson of the
common pleas court of Cleveland, Ohio,
now pretty well understands. The lesson
has been taught him by a reversal of his
Judgment of contempt of court rendered
against Lewis +. Post, the editor of a
Cleveland newspaper, who wrote an ar
ticle on the subject of judicial Auto
cracy,' and cited some of Judge Lam
sons judicial decisions as apt illustra-
tions of the evil he complained of. As
a matter of course the Judge was, as
the saying is, mad clear through. He
promptly cited the editor before the
court Naturally the editor came, as he
was bound to do, and asked leave to file
an answer. Judge Lamson refused this
most reasonable request. Then Mr.. Post
called witness to prove the allegations
in his article. This also Judge Lamson
refused to hear. Mr.. Posts attorney be-
gan to make an argument in behalf of
his client. Judge Lamson asked him
what he proposed to discuss. The at
torney replied that he questioned the
jurisdiction of the court and all its pro-
ceedings up to that point. THAT l will
not hear you upon said Judge Lamson.
When the court issued the writ in this
case it prejudged the language of the
editorial to be contemptnous.' Sentence
was accordingly passed upon the editor,
and he was declared in clear contempt
| of court.
'But the end was not yet. The case
was appealed to the Circuit Court and
| it's decision, which has just been given
reverses the judgment of the court be
low and discharges the plaintiff. 1t is
an important legal decision for all news
| paper publishers. The substance Of the
| decision is that a court, as against the
publication of opinions ON its past rec
| ords. cannot be adjudged in contemp
except after a full hearing and the ad
mission of testimony to show whether
what was published was or was no
contenptuous of the court The Circui
Courts opinion, rendered by Judge Hale
makes q broad distinction between case!
that are past and eases still pending be
fore the courts. When a case has passet
into history it is free for anybody's com
ment. 1t is by such comment that it
character must ultimately be judged
| Nobody doubts for example that Judg
.Jeffries of infamous memory in En-
glish history was tyranmical. Yet if h
had power after his tyranny was ende'
to commit for contempt of court all VIII
denounced him as a tyrant, it must b
evident that the decision Of history woul
be much harder to arrive at than 1T is.
"It is the business of the newspape