Alexandria gazette. [volume] (Alexandria, D.C.) 1834-1974, 1901-12-12
THURSDAY EVENING, DEC. 70, 1901

- --@lE1zzA---
THE CLEAN newspaper, or rather 1t
proprietor or editor, seldom gets int
court. Indeed one seldom hears o
libel cults outside Of those cases wher'
a man reads an item, most frequently II
q "loosl," which nas escaped the atten
tIon OF the usually careful editor, ant
imsginee he is damaged in reputation
and the only salvs for his wounds Il
money. Reputable newspapers tina
have something to lose, keep on TIM
outside of the courthouse as much q
possible; recognizing 1.-THE power OF tn
press" and having a giants strength
is no reason for using 1t as gan
could. Two most interesting case'
were decided last week where th'
newspaper "was In It," One was II
Vermont where decision rem
dered 10 county court establishes th'
doctrine that contract between news
paper and candidate for Office for the
sale OF editorial influence In behalf o.
the latter is void on grounds OF public
policy. Whether or not such CONTRACT
is void on the grounds of public pol
10y" may or may not be accepted al
good law, but that it Is worthy OF being
30 termed on the ground OF good NOR
ais and deoency goes without saying
A newspaper 10 it's daily EDITORIAL
upon all questions affecting nation
State or city, business and politics, hal
Its leaning, indeed, If you please, III
bias, and must In the very nature o
things be for Q measure or against II
vet let it be believed that one line o.
space can be purchased to exploit 10
Its editorial make up views other than
those entertained by its owners, then
it no longer Ia considered factor In
either the business or political world
Its influence for good is gone, and 1t
will no longer enjoy prestige at home
or abroad. Its power lies 10 Its honesty
If 1t weakens 10 that respect, none will
be so poor as to do 1t reverence" The
other OF the two cases was In Chicago
and was one OF contempt. Andrew M.
Laurence, editor, and Il. 8. Garfield, re-
porter Of the Chicago American, were
sentenced by Judge Hanecy to a jail
imprisonment for contempt Of court 10
crIticising a decision OF the lat
ter in upholding the Chicago Gas
Trust. TIE reporter and editor were
brought before Judge Dunno who dis
charged them, holding that Judge
Hanecy had no right to punish them
for criticlsing him, and In so doing
handed down an opinion which in part
Is Is follows:
"The vital principle Involved 10 this
csse-the liberty Of free speech and q
free press-a principle so important
that 1t has been carefully and zealously
guarded by the constitution of our
State and the constitution OF the United
States, and the we'll considered decision
OF our Supreme Court. No more et-
tsctive way OF suppressing free speech
and free press can be conceived than
that contended for by Judge Hsnecy's
counsel. Public officials, executive,
legislative and judicial, have always
been and always will be subject to
criticism because of their official acts.
1t is one of the incidents and burdens OF
O public life. If the criticism be jutt, 1t
will commend itself to the public, and
be effective for good. II It be unjust
aud unfair, that will fail to ipjure the
IL an sssailed. There is no good reason
why Judge should have o different
law applied to him than Is applied to q
governor or a member OF
the legislature. Editorial lawyers, who
gather their law from the circulation
or the counting house,
have differed and will continue to differ
with judges who obtain their law and
inspiration from law books end legal
presidents. But there is no good |
reason why, after the Judge has given |
his exposition of the Law and disposed |
of the case before him, such all
editorial lawyer may not decide the |
same case to suit himself. 1t is only
when be forestalls the Judge with his |
opinion, and endesvors in his paper to
'oerce, intimidate, terrorizs, csjole or
Vheedle the Judge into agreeing with |
lis newspaper law that his conduct by |
my possible construction of the Illinois |
decisions can become contempt of
court.
All Of this encourages US to say with
he Merchant OF Venice:
Daniel come to Judgment yea, Daniel
wise young Judge, how do honor thee!