Savannah courier. (Savannah, Tenn.) 1885-1979, 1898-01-14
NOT CONTEMPT OF COURT.
Judges on the Bench Are Open to
Reasonable Criticism.

The decision CT the supreme court OF
Washington in the now famous Eau
Claire contempt case not only makes
very interesting reading, but consti-
tutes one of the most emphatic vindica-
tions of the rights of free speech and
free criticism which we have had from
the bench in n long time. 1t may be |
well to recall the salient facts of this
remarkable case. Judge Bailey, of Eau
Claire, who was candidate for re-elec-
ton last spring, objected to certain edit
orials and communications in n local
paper severely animadverting upon
his official conduct and methods, The
writer and editor having filed affl-
davits in contempt proceedings Cin-
stituted against them by the judge), al
leging the truth of their charges Of un-
fairness, partiality and incapacity
against Judge Bailey, he angrily re-
fused to proceed with the hearing, and
made an order adjudging his critics
guilty Of contempt. The offenders were
to be committed to jail, but writ Of
2, ohibition from the supreme court
saved them from that punishment.
The supreme court, in reviewing the
case, points out the fact that the crit
icisms made upon Judge Bailey had no
reference 10 any action of his in connec-
ton with the case then pending. Wheth-
er Just or unjust, they were general in
their nature, and referred to past con-
duct. The court says it is well persuad-
ed that newspaper comments on
cases finally decided prior to the
publication cannot be considered Grim
inal contempt, and that they do not
obstruct the administration of justice,
however much they may tend to pre-
iudce the Judge against whom they are
directed. While it is Of the first impor-
tance that judges should perform their
grave duties unimpeded, II is equally
important that the right of citizens
and newspapers to criticise what they
deem arbitrary, unworthy and corrupt
conduct should be jeoiously preserved.
The court says:
"Truly, it must be grievous and
weighty necessity which will justify
so arbitrary proceedingwhereby cam
didate for Office becomes the accuser,
Judge and jury, and may within few
hours summarily punish his critic by
imprisonment. The result of such q
doctrine is that all unfavorable criti'
cism of n sitting judges past official
conduct can be at once stopped by the
Judge himself, or If not stopped, car
be punished by immediate imprison
ment. If there can be any more ef
fectual way to gag the press and sub
vert freedom of speech we do not know
where to find it,"
q This is q stlnging rebuke, but justl!
: deserved, and one needed to remin'
j arrogant and dictatorial jurists tina
) they are no more above proper criticism
: than any ordinary individuals. II
8 slightly paraphrase the poet: mo di
:, vinity doth hedge about Judge" leas
e of all at time when he is a candidat
for office. The law provides adequat
= remedies for unjustifiable attack
e upon their character, but does not pei
: nit The summary fining and imprisor
q ment of critics, even when their crit
II cisms go beyond what may be deeme
" proper limits, provided such animat
e. versions do not clearly tend to obstruC
K. the administration of justice in the
d pending case.-Albany Law Journal.