The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1902-11-17

/ icle. only the Houston Chronicle percciVcl
amy purpose to "muzzle toe press Tile
others chose TO cooperate with the Judge
though by 50 Going they waived q technical
! right. They were unwilling to even seem
to impede the cause Of justice.
| In noint Of fact Julgo Gliaspies position
IL net without support IN Texas lurlspru.
| dence. As has been shown before the
court OF criminal appeals Of this State
granted change Of venue In the Coytez
case because Of newspaper publication. The
| principle Of suppression Of court testimony
under certain conditions is recognized In
every State in the Union. The civil ilbd
! law Of Texas declares tue doctrine In *.
! press terms. Obviously It Is Impossible for
any statute to define in precise language the
| character Of testimony which may be sup
| pressed, because no two Eases are exactly
alike. Therefore large discretion must he
given to the Judge. However newspapers
may dissent from tho policy Of tlc law and
the precedents, they are bound to see tadt
the policy IS n fxed principle o. legislation
10 this country.
But at the most Il is suppression only IN
On applied sensg. Tho testimony is per.
niitted to come cut Hnolly. 1t lie Only with
held for the time being
Suppression OF news for the time being
or for all time Is not a new policy even
without a statute There is not decent
newspaper In the country which does not
upon occasion withhold certain phases OF
court proceedings or OF other privileged
news for the sake Of propriety. And re-
specialize newspapers arc often entrusted
with secrets Of state TO be published at a
later period Newspapers IN the proper
view are aids 10 Justice and those that
have 4 realizing sense Of their rcsponsi-
bility will not heediessy insist upon tech.
nlcal privileges IN the waving Of which
no public interest is sacrificed.
The attitude Of some Texas newspapers
in this case is serious error Of judgment.
The press of the State has had to struggle
against an unjust legislative policy, moce
or less sustained until recently by public
opinion. which confounded liberty Of the
press with license Of the press II Is fair
To remark that excuse aud somewhat Of
justification. for this policy was tonnd la
the reckless conduct Of irresponsible uews-
papers Recently VIC have secured q eiril
libel statute which is az least q step IN
the right direction And now when "a
Judge Of uuauestioned character aud ability
makes "a order which he couchivcs I'll he
IN the interest Of iustire- an order which
only narrow or depraved or a misin.
formed mind can distort into an eneroanh-
meut upon the freedom AZ the prefs-he Is
answered by humorous and vitupecatiyc
criticism. Such an attitude upon tho part
Of tho Tcxae press az this particular juno
ture viii not help the cause Of libel 70
form To the conservative legislative aud
judicial mind u will appear so yndietWe
and ncousidcrate-being directed as It Is
against a virisnt courts we'll iutentioned
order in the interest Of iustce--as 10 sug
gest that after all the press is so lacking
IN discretion and respect that liberty is a
dangerous thing for II TO exercise.
| The minimizing comments in this cnse
are doing the press great harm Judge
| Gillasple has been ihellcd as q "knave or
! foot 1t is well for some Of his critics
! that they are beyond his jurisdiction, or
| there might be other contempt orders. In
! the name Of decency In protection of tho
/ courts and In behalf Of the press itself,
| Tho Post protests against this senseless
and disgraceful TRADE Of abuse.
= \ \
And now word to the Chronicle:
The Post at hrst watched with amuse-
ment your sprightly effort to mako the
most OF good advertisement. 1t was not
an unnatural thing for new and aspiring
paper to do. The Post had nothing 20
say ahcnt your subterfuse Of prlut3hc
nearsay evidence, which you atrcrwgrd
justified as a method Of Illustrating how
the news would get to the pubuc. when
everybody knew YOU thought to escape
technical contempt Nor dli The Post Link
I II worth WhiIc gt first 10 correct ynur.