Virginia gazette. [volume] (Williamsburg, Va.) 1893-192?, 1904-07-09
LIBERTY OF THE PRESS
He SAYS tina, Abuse OF Liberty OF this
Press Is Rare-Punishable Contempt
Ia Defined.

Press il Rare-punishable Contempt
Is Defined.
Asheville. y. C. Specisl-Judge J. c.
Pritchard. of the United States Circuit
Court. has filed his opinion in the case
az Mr.. Josephus Daniels. editor OF the
Releigh News and Observer. who had
been fined $4,000 for contempt of court
By District Judge Thomas X. PuTneh.
The case came up on a writ OF habeas
corpus sued out by Mr.. Daniels, who
refused 20 pay the fine and was ordered
committed.
Judge Pritchards opinion is careful
and comprehensive review OF the law as
applied 70 newspaper utterances that
might be construed as contempt OF
court The opinion says that in order
10 determine whether the petitioner is
entitled to the relief prayed for In his
writ Il is necessary 10 determine two
questions: Cd Did the court which i'm
posed the sentence in his cSSe have
jurisdiction and (2) Does this court
have jurisdiction 20 hear and determine
this case on a writ OF habeas corpus?
"The force Of public opinion in this
country in favor OF the freedom Of the
press has restrained the free exercise
OF the power TO punish this class OF
. contempts. and in many jurisdictions
statutes have been enacted depriving
4 the court Of the power 20 punish them.
Il was taken from the Federal courts
by the act OF Congress OF 1881. which
/ act denrives these courts OF the COM
non-law power TO protect by this pro
cess their suitors. witnesses. Officers
and themselves against the libel OF the
press. though published and circulated
during the trial OF a case therein.
"The newspapers sometimes engage
in unwarrantable criticism of the
courts cannot be denied" continues the
Judge. IN some instances they con-
strue the liberty OF the press as a IL
cense 10 authorize them TO engage in
wholesale abuse OF the court. but these
+ instances are rare and do not warrant
departure from the well-settled prin-
cinles OF the law as declared by Con
gross and construed by the courts. II
Judges charged with the administra-
ton OF the law are not TO be criticised
on account OF their own conduct the
liberty OF the press is abridged and
The rights OF individuals imperileJ.
There may De instances where tho
publication OF editorials or other mat
Ter in newspapers would bring the an
lhC- within the limitations az tho stat
ute For instance. III ncwsIaqe
should publish an article concerning
trial which was being considered by
7 -ury and should send a copy 90 th'
paper containing such article 90 th
+ jury or a member thereof during tn
! progress OF the trial for the purpose O
/ influencing them in their decision. !
would present question whether sucl
conduct would not Doe mishchaHior II
the presence OF the court or $50 nea
thereto as TO 0lstrlct the admin.stra
{ ton =, justice.
1T appears that the distinguish
Judge who adjudged the petitioner q
be in contempt OF court" he conclude.
? exceeded the authority granted in TIA
/ act of 1881 and that the Court wa
without jurisdiction. Such being IN
= case the Judgment Of the court is vol
and therefore uullity.
"ln view OF The foregoing the Coul
frds that the petitioner Is unlawful
b restrained OF his liberty ana 10 Is there
: zone considered and ordered by III
y ccurt that the said JOsephus DAME
Z % discharged from the custody of a
: Marshal of the United States and IN;
p Tic go hence without day"