The St. Louis Republic., 1903-10-14

ay in Baltimore.
I rowers 10 some other tribunal II they
should .e minded SO to do"
no OPTION.
Shepherd invoked trial uy jury
The Judges OF this court" explains the
opinion. would have gladly sent this mat
Ier to some other court for triai. and hy
a Jury. too. II such course had any pre-
cedent or Justification in law. But as such
q course would have been Illegal and "a
sL-lL hlN- or their imperative obligations
un.i"F On" law, they had no option but 10
deny the request and 10 execute the law
III q man commits an outrage in the
lace OF the court. what Is there 20 bc
lTlru VI nat further evidence can D. nee
tssaFy To convict him %: the urfeuse than
the actual view uf the Judges. \ man
has been compelled 10 enter into security
Tor his good behavior. Tor giving Ine lie
IN the presence OF The Judges Of West
Minister Hall ON the present occasion. is
not the proof. from the inspection OF the
paper. as igN and satisfactory as any
lLat can us ua-IyI' And whether the pub
Agaluu amounts to contempt or not is
The province o. the Judges and not Of the
jury Iu GeI"ImiGe. Being contempt. II
% Is NOT punished Immediately. now shall
Ltr ulS'Liri o.. ouTreciel- ls'LN- u 10
Tho customary forms OF trial by JuTy,
sHi the cause may Dee continued long in
Slisp,rse while the party TeISegereS In
hiE misconduct
Due process af law Is claimed 10 have
tt-rri given TO the defendant of the court
Regarding The liberty ut the press the
opinion says that the freedom OF speech
Is guaranteed 10 every person or course.
5llr press VIII be included in the general
Resignation Of every person. but the
press has no EIeIter liberty in This re-
EIrtt than any citizen. Newspapers and
ST 1eslS have IN" same rights tu tell the
truth ahpgt ANYBODY or any institution
FREEDOM or SPEECH.
In defining what IS meant by freedom
al speech JEs court quotes several au-
thoritiss. Il says there ara rules or fun
dameuJal principles on which all societies
are founded. The fret limit Of free speech
Is EtE@u u blasrhcmy. as it Is assumed
there. *. COD Anothcr limit Is immoral
ity. Sediticn is also given as a limit Tn
der the last-nImcd head. which is taken
under its broadest meaning given 10y the
saiIly, EAsilsh decisions the present case
'NNhere much has been sa1d something
Ntl be believed and il Is one Uf the many
arliitst5 OF the niyeler 10 give to his charges
ugsten6ct OF general support bV changing ]
and multiplying the style and name Of his /
leiIQ! Intllcts-- Iut shall such things n /
Transacted with impuuity in q free cOUH- |
~ anu among an enlightened people? Let /
every hore~t man make this appeal To his /
heart ana understanding, and the answer /
must be No.
Among the Ten Commandments given 1
y Ngt 10 Moses was Thou shalt not I
gsaF l'tiSe witness against thy neiEhbUr.' ]
FNO4us NN. 10 And when Christ went .
LIlty = Sl.lt0i ieacnlns the people one came I
unto him and said. Good master what D
good thing shall i do that I MAY have
eternal life. and he said unto him Why /
Callest thou me gOOd2 There is none good /
hul one. and that il God. but II thou
would enter Into life keep the command i
inthts- lie slyest unto him. which, Jy- 1
> US Sdlu- AEou SMART do no murder. thou
SHAFT not commit adultery: thou shaft 1
sliS said. Thou shalt do no murder: ihou
siitit not commit adultery: thou shalt
not steal. thou shalt not bear false Wit
and thou shalt love thy Eeighbur as tEy
self Matthew xix. l.. Is and IS
me opinion quotes other Scripture and i
nleh law on the point and says that the
NAV have the liberty of fhe
press for publishing anything they please
'nt ut. mat they are liable to abuse OF this
auelins in this fashion:
CODE OF HONOR.
Time was when II any citizen or news
paper insulted, slandered. maliEued "a cit
zen, the injured party demanded satisfac-
Lion according to the code Of honor. and II
his was refused. treated the offender as
a mad dog IS usually dealth with il is
worthy OF notice that IN those days every |
one vas careful 10 tell the truth about his /
'giihdallzinE them But even In thosa days
here were occasional breaches OF dccency ]
n this regard. which were promptly dealt
Vow il Is a generally settled fact" SAYS
ne opinion. that the law is sufficient TO
iel with such libels." The opinion sets
'ut where true criticism differs from cal
l!nny IN the following particulars.
J. Criticism deals only with such things p
aylte public attention or call for public cum
> critic!sm never attack. the Individual. but
III. - ~ ,s- - sL-n Nrih L...E be either a
's et w eeFs-rI4Iilsnt, the action q MEM
tT oi Parliament, public entertainment. a
~ case t6e atS1cE ON the sASsa man al n sy S-
N n @5,i3. ming, not upon the man himself A
rue critic never indulges In persgnalities
= tll- criticism never imuutss UE irsfr- /
isiss ,.,. dishgugrahle motives unless justice ar
.-lJs!y requires IL. and then only on the
:. I,he critic never takes advantage o. the
my object ty615 ir'jf f,ir ,isIlls age g r atom
II IL14T interest aud the judicial guidance of
Several pages are devoted 10 quoting
authorities ass TO what constitutes CON !
empt. In closing. the opinion SAYS that |
mere was no legal justification for the |
Tuglc that was published hy the do /
endant He was guilty OF malice says /
ne opinion Let honest. faiT-mindcd. pa
~ s., l'Lg L people oi TINS state, who read |
ne opinion say whether or not IL was I .
rot the duty Of the court 10 punish I
COURT FOREBEARING.
After stating that the courts had been
conservative in the extreme and forebear-
ng 10 fault. the opinion says: When
he temples Of justice become polluted or
re not kept pure and clean. the founda- .
ions OF free government are undermined !
md the institution itself threatened The
'eople have no fear OF their courts abus-
ne their power 20 punish for contempt or
n any other respect"
Concluding. the opinion says: "Unfor-
uuately there must always be losing As
veil as a winning part 10 every suit. and I
'Curts must needs infiict pain as well as Z
mpart JOY 10 every judgment rendered.
md so II every loser were privileged TO 20
% the tavern and 'cuss the court to-day, Z
j. would necessa arily have To retract his 9
eprQaches and praise the court tomorrow Z
when he is the winner. 2
80 ID is in life II is nearly always true c
hat one mans loss Is another mans
.a!u. but life IS not a failure. and busi-
iess Is not fraUd. and 10 be condemned !
Z