Adams County news. [volume] (Ritzville, Wash.) 1898-1906, 1904-07-13
The Editor and the Courts

Josephus Duniel-, newspaper
editor OF North C,r"j IA, is the new
est martyr to the freedom OF
the pres. ID .lie,s saiI what he
had to say fesrlessly and continuously,
ran counter to the sensitive feelings OF
q medieval judge, languished in pri1-
on on his refusal to pay heavy fine,
and now by the iuterposition of
another judge, who does not fear hon
est newspaper criticism, goes back to
his Office, with unquestioned authori-
ty to express his own opinions, in his
own way, subject only to restraint for
violation OF truth or abuse Of the de-
c-ncies, states the Or-gonian.
Daniels Is editor OF the r .leigh IN.
CO. News and Observer. Some months
since trouble grew out of u conflict be.
tween the minority stockholders of
the Atlantic 4 North Carolina Rail
road and the State Of North Carolina,
which latter owns majority Of stock
in the road. Upon application of one
K. G. Finch, who had just acquired
stock in the road, United 8 ates Judge
Purnell appointed II receiver in most
arbitrary fashion. the Federal and
state courts fell into serious conflict
over the receivership, aud Editor
Daniels sharply criticised the action
OF Judge Purnell. An ny other things
he had this to say.
"There is not decent citizen of
North Carolina who would ever for
give the Governor of this common.
wealth if he Inundated it by submit
ting lease to any Federal court.
Some things are higher than leases
and rentals and dollars. Ole is wheth-
or the property of the pc, pie shall
be governed by servants Of their choice
or by Federal judges in whose select
ion they have no choice. II their
servants commit mistakes or wrongs
the people can correct them. II Fed
eral court judges, appointed by hostile
Presidents upon alien recommends
tions, committed wrongs, there is no
immediate remedy.
Thereupon Judge Purnell had DAN
iels hauled into court, forth with ad-
judged him guilty OF contempt, i'm
posed fine Of $4,000, ruled that there
was no appeal, and the editors only
alternative was to pay or go to jail.
He went to Jail, but was later released
by order OF Judge Prtchard.
Now Judge Pritchard, in a decision
rendered at Asheville Wednesday,
holds that PurnelPs court exceeded
it, authority, so that the prisoner was
unlSwfully restrained OF his liberty
and discharges him from the custody
Of the United States. The entire sum
Of Judge Pritchard's decision is EN-.
bonied in a single sentence:
II a judge charged with the admin
istration OF the law is not to be criti-
cised on account of his official con-
duct, the liberty Of the press is
abridged and the rights OF individuals
imperiled.
Exactly so. II a newspaper under
takes to Interfere with the administra-
tion Of justice, or to hamper a court
in the proper and lawful exercise Of
it's authority, it is accountable and it
should be restrained. Or il it should
comment on Judicial procedure dur,
ing the actual trial Of any cause with
the obvious purpose OF cnercing
Judge or in1uencin. II jury, il ought
to be and would be held accountable.
But courts have gone to the extreme
ri maintaining that any comment
by a newspaper on litigation during =
penhency is contempr-a rule 80 man
ifestly' absurd that M court can IN
woke it with any assurance that il
will be sustained by public opinion or
by law.