The Birmingham age-herald., 1904-06-30
DANIELS
 NOT IN CONTEMPT Judge Pritchard Renders lm-
 portant Decision FREE EXERCISE OF SPEECH He Holds That By Placing Editor Tn Jail for Contempt Liberty of the
 Press Is Abridged and
 Rights mperiIed.
FREE EXERCISE OF SPEECH

| Asheville, N. C., June 29,-Judge J. C. Pritchard of the United States circuit
 court at noon today filed his opinion Tn
 the celebrated case of Josephus Daniels l before him on a writ of habeas corpus, charged with contempt of court. MT. 1 Daniels, who is editor of the Raleigh News and Observer. had been fined UoVO for contempt of District Judge Purnell. Judge Pritchard's opinion will be recog- nized as an important legal record and Is careful and comprehensive review of the law as applied to newspaper utter ances that might be construted as con tempt of court The text of the decision in part is as follows:
 Tn re-Josephus Daniels for contempt, Pritchard, circuit judge
 Tn order whether to determine the petitioner is entitled to the relief prayed for in the petition upon which the writ of habeGs corpus was issued, it is neces sary to determine two questions
 l. Did the court which imposed the sem tence in this case have jurisdiction?
 ?. Does this court have jurisdiction to hear and determine this case on a writ or habeas corpus?
 Force of Public Opinion.
 "The force of public opinion in this country in favor of the freedom of the press has restr" med the free exercise of the power to publish the class of con- tempt, and in many Jurisdictions statutes have beer enacted depriving the court of the -ower to punish them. It was taken rom the federal courts by the act 2. congress of 1S31 which act deprives these courts of the common law power to protect by this process their suitors, witnesses, officers and themselves against the libel of the press, though published and circulated pending the trial of a cause Unwarranted Criticism. That newspapers sometimes engage in | unwarranted criticism of the courts can not be denied. In some instances they construe the liberty of the press as a 1 license to authorize them to engage in wholesale abuse of the court but these 1 instances are rare and do not warrant departure of the well-settled principles of the law as declared by congress and construed by the courts If judges charg- ed with the administration 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 imperlled.
 There may be instances where the pub | hcation of editorials or other matter in newspapers would bring the author with | In the limitations of the statue. For 1 instance. if newspaper should publish an article. concerning a trial which was | being considered by jury and should 1 send copy of the paper containing such article to the jury or member thereof, during the progress of the trial for the purpose of influencing them in their de- cision, 1t would present a question wheth- CT such conduct would not be misbe- haviour in the presence of the court or so near there to as to obstruct the ad- ministration of justice.
 Editor Is Discharged.
 Tt appears that the distinguished judge who adjudged the petitioner to be In contempt of court exceeded the authority granted in the act of 1881, and that the court was without jurisdiction such being the case the judgment of the court Is void and therefore a nullity.
 Tn view of the foregoing the court finds that the petitioner Is unawfully re- strained of his liberty. and is therefore considered and ordered by the court that the said Josephus Daniels be discharged from the custody of the marshal of the United tSates, and that he go hence with out day"