The Cape Girardeau Democrat. (Cape Girardeau, Mo.) 1876-1909, 1898-02-05

! Several cases have bten decided of
late which tend TO curb thedisposition
| OF certain class of judges to exercise
Il personal Gems orship over the news
paper press. One instance comes from
California. y judge in Sacramento
took occasion i'll open court to berate
an editor of the city in severe terms.
The editor replied through MS paper
and otherwise in language equally un-
complimentary, and the judge fined
him for contempt. The case went to a
higher court. which decided that the
tirade of the angry judge was per
sonai and not Il judic a. matter rs
abuse OF those who appeared in his
court was his private proceeding. and
ne had no right to employ the ma
chinery Cf his Office to compel those
whom he attacked to be silent. If the
editors reply was libeious. the Judge
could enter suit like any other private
citizen. but his proper redress was
not Il fine. In dealing with others.
therefore, Il judge on the bench must
observe just such limitations in his
language. and not use his power to re-
strict scolding and libeling 20 min
self.
\ second ease has just been decided
in Omaha. IN editor was fined for
contempt ;or pub; ing a resolution
passed by oae oi IT, municipal boards
i'll regard to the city printing, which
was in litigation. When the resolu-
ton. which directed certain advertis-
ing to be done in Il certain paper.
passed the board. the court granted a
temporary injunction against It's pub
lication. But one paper published it,
along with an article denOuncing theI
action of the court. The District
Courtiinally decided thatthe injunction
vas void and the fine for contempt un
t-EabIe. No such power over ;he press
is conferred upon the judiciary by the
Constitution of Nebraska. These two
decisions imply that judges are not re-
licvcd from the commonduty of speak
ing respectfully 10 others; ami thai
they have no authority to exercise
over an oditorthefunclions ola higher
editor.
The third example Of th9 defeat OF
an effort 10 .nuzzle the press has &C
CURED in our own city. though the
Judge in the ease is on the right side
and entitled TO praise for his careful
and Intelligent statement Of the law.
y contemporary attacked school
board official who had lobbied in the
State Legislature against Il school
board bill, charging that hewasa paid
agent 10 Influence the Legislature.
The person thus denounced sued for
libel Judge Spencer declared. in in
strnct.n@ ia" jury. that the testimony
shovel 1ac charge 10 bg true. and /
he condemned the lobbyists conduct
IN language not to De misunderstood. !
The agent was engaged in an unlawful |
mission. and such Il course ..can
properly be criticised. commented up-I
on. and rehuked by any paper or III
dividual in any appropriate ana |
proper ,"rn. Ia this case q lobbyist |
TO collect damages from a
paper that described and condemned
his unlawful act, and the paper did
itself credit by fighting his attempt to
a finish. He lost his case and rem
iered his guilt conspicuous.
1t will b. noticed that the first
Two cases Indicate the existence Of two
kinds OF Judges. The judges of the
higher courts are not the would-bc
press ccrsors.- -Globc-Democrat.