The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-30
JUDGE PRITCHARD'S DECISION
GUARANTEES FREEDOM OF
THE PRESS.

.
The most notable judicial utter
ances, bearing upon the rights of the
press to enjoy its constitutional free
dom without abridgement, rendered
in the life of this generation, is that
of Hon. Jeter c. Pritchard. Circuit
Court Judge, printed elsewhere in full
in today's paper.
The arrest of Mr.. Josephus Daniels,
editor of The News and Observer, by
Judge Purnell, the imposition of
fine of $4,000 after refusal of even one
days time, and the curt refusal of the
right of appeal by the Judge; the inn
prisonment of the editor for refusal to
pay the fine which he held to be IL
legal and unjust; the release of the
editor under a writ of habeas corpus,
by Judge Pritchard-these are fresh
in the minds of the people. 1t will be
remembered that, in dismissing the
case against Mr.. Daniels, the presiding
Judge announced that he would later
file a written opinion in the case, i'm
portant because the Imprisonment of
the editor of The News and Observer
is the only case on record since the
passage of Section 725 of the Revised
Statutes drawn in 1881 by James Blu
chanan, afterwards President, and
made necessary by the attempt of
Federal Judge to vent his personal
spleen by punishment for contempt.
The opinion of Judge Pritchard is
Oh ola in convincing
elusive 1t is strengthened by quota
tons from the highest judicial and
legal authorities in America, and will
be as interesting to a layman as to
lawyer. In the course of his opinion,
Judge Prtchard gives expression to
views that show that he is not only
resolved to correctly construe the law,
but that he believes in the necessity
of a free and untrammeled press and
in the necessity of proper criticism of
judicial and other public officers, for
he says:
THAT newspapers sometimes en-
gage i'm unWarranted criticism OF the
courts cannot be denied. In some in
stances they construe the liberty OF
the press as "a license to authorize
them to engage i'm Il wholesale abuse
Of the court, but those instances are
rare and do not warrant departure
from the well settled principles of the
law as declared by Congress and con-
strIed by the courts. If JUDGES
CHARGED WITH THE ADMINS
TRATION OF THE LAW ARE NOT
TO BE CRITICISED ON ACCOUNT
OF THEIR OFFICIAL CONDUCT,
THE LIBERTY OF THE PRESS is
ABRIDGED AND THE RIGHTS OF
INDIVIDUALS IMPERILED.
"WhiIe all citizens should entertain
due respect for the courts of the land,
1t does not follow that editors and
public speakers are to refrain from
legitimate criticism of the acts of any
tribunal SUCH CRITICISM SHOULD
BE INVITED By PUBLIC OFF
GALS IN ORDER THAT THE PEG
PIE MAY FULLY UNDERSTAND
WHO ARE ACTING AS THEIR
AGENTS IN THE ADMINISTRA-
TON.
''Public questions are generally set
tied i'm the right way, and the fact that
such is the case. is DUE IN A LARGE
MEASURE TO THEIR FREE AND
UNTRAMMELLED DISCUSSION By
THE PRESS OF THE COUNTRY.
The courts are constituted for the pIir-
pose of protecting the rights and lib
critics of the individual and the EN-
actment of any law which gives
Judge the power to prevent the free
and unrestrained discussion OF ques-
lions whcih may come before the
court for adjudication would in many
instances DEFEAT THE VERY OBJ
jet FOR WHICH THE COURTS
WERE ESTABLISHED
These just and sensible declarations
do honor to the wisdom and sound
sense of Judge Pritchard. They show
that, if he had lived in the days of
jefferson he would have stood with
the sage of Monticello in his historic
fight that secured the repeal of the Sc
ditfon laws. They show that he is inn
bued with the belief that a free press
is essential, not only to preserve lib
erty, but also for the protection of the
rights of the people. "A free press
guards all our other liberties" wrote
Madison and Judge Pritchard shows
that he holds to that sound maxim.
Judge Pritchard quotes many au-
thorities to the effect that Judge Pur-
nell had no jurisdiction. and he adds;
.'Such being the case the judgment of