The San Francisco call., 1898-01-02
THE LAW OF CONTEMPT.

THE monograph upon the law of contempt con
 tributed to the California reports the other day
 by the Supreme Court makes a rich addition to the literature of the subject. The opinion of Justice Van Fleet and the concurrng opinions of Chief Jus tce Beatty and Justice Mcfarland interesting because they preserve the .'berty of the press or reafflrm the doctrines of free speech" The liberty of the press and the doctrines of free speech al ready firmly imbedded in our constitution and laws. The decision is important mainly because it elabor- aes the law of contempt and places restrictions upon the power of Superior Judges to punish editors who criticize them.
 The power of court to punish summarily for as saults upon its dignity is left unimpaired. Thus, when a person swears at Judge or otherwise inter feres with the orderly proceedings of his court he may be fined and imprisoned the spot The theory is that offense committed in the presence of the court need not be the subject of inquiry The Judge having witnessed the contempt may punish it at without trial
 But when some one "roasts" Judge from dis tance, done by the Sacramento Bee, there are two courses open for the urist If the criticism is interference with the proceedings of the court all attempt to influence jury or intmidate lawyer would be, the Judge may summon the critic, take testimony in the usual way and punish for contempt If 1t appears that the criticism was not an nterfer- with the business of the court, but was, as in Judge Catlins case, attack the jurist person ally the law of contempt does not apply The Judge in that event may either for libel or club the editor. Whether the alleged contempt was actually an interference with the business of the or personal attack the Judge is question of fact to be determined from the evidence subject to review by the Supreme Court.
 The mistake committed by Judge Catn consisted in refusing to give Editor McClatchy chance to defend himself. In that respect his course was ty- rannical and nexeusable The facts of the case in- dicate that the Bees criticism was we'll founded and that in uphoding the attorney who launched the attack on the paper Judge Catlin gave way to his temper. Probably he had been stung by the Bee on another occasion and still smarting. At all events his conduct of the contempt proceeding from beginning to end proved his utter want of judicial disposition.
 The decision of the Supreme Court is a valuable addition to the literature of contempt for the reason that it lays down rule of newspaper criticism be- yond which editor need ever go. The press may discipline the Judges long it does not interfere with the proceedings of their It may express its opinion of decisions and comment upon testi- mony without fear of being hauled up and sent to jail The only defense necessary prosecution for contempt committed outside the hearing of the court is spirit of fairness and disposition to stick to the truth To this extent the decision in the Me Clatchy case improves the law of contempt Amen able to well founded and honest criticism the Judges will be more judicial, and with fine and imprisonment hanging them editors will be farer and less dis posed to get excited