The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-07-07
Spirit of the Press.
A Sensible Opinion.

Norfolk Virginian-Pilot.
Judge Pritchard has handed dowI
his formal opinion reversing JudGt
Purnell in the contempt proceeding
against Hon. JosephuS Daniels, editor
of the Raleigh News and Observer
and the following EXCERPT seems to III
worthy of particular attention.:
THAT newspapers sometimes
engage in unwarranted criticism
of the courts cannot be denied. In
some instances they construe the
liberty of the press as a license
to authorize them to engage in a
wholesale abuse of the court, but
those instances are rare and do
not warrant a departure from the
we'll settled principlesc of the law
as declared by Congress and con-
strued by the courts. If judges
charged with the administration
of the law are not to be criticised
on account of their official con-
duct, the liberty of the press is
abridged and the rights of indi-
viduals imperiled.
"While all citizens should en-
terrain due respect for the courts
of the land, it does not follow that
editors and public speakers are
to refrain from legitimate criti-
cism of the acts of any tribunal.
Such criticism should be invited
by public officials in order that
the people may fully understand
what is being done by those who
are acting as their agents in the
administration.
"Public questions are generally
settled in the right way, and the
fact that such is the case, is due
in a large measure to their free
~1~I Il Too, ion hui
the press of the country. The
courts are constituted for the pur-
pose of protecting the rights and
liberties of theNn diVidual and the
enactment of any law which gives
a Judge the power to prevent the
free and unrestrained discussion
of questions which may come be-
fore the court for adjudication
would in many instances defeat
the very object for which the
courts were established
One mistaken impression that th'
public seems to entertain is that th'
are chiefly concerned 1r
this matter of maintaining freedom o
the press.
Nothing could be further from thu
fact. The interest of the people is sc
vastly greater that the stake of the
gible quantity. Ineed, the absolute
of all the newspape!
property in the United States would
be an insignificant thing when sci
over against the mere monetary loss
from which the people are savec
every year by the freedom o. tht
press to print the facts.
Judge Pritchard's opinion seems tt
us, therefore, to be not merely sounc
and salutary and in keeping with th'
principles of English and American
law, bat also is peculiarly timely, iol
reasons that we shall state
For some wears now there has been
, persistent attempt on the part ol
he most powerful commercial inte-
asts in the country to muZZie the
press, by one means or another anc
use it. In one case a powerful news
oaper is bought up. In another
rival newspaper is started Tor tfe
purpose of breaking down the news
oaper that insist on telling the truth
In another a juda~ susceptible to IN
1uence is induced to put an unfal'
upon the law. But IN
this way and that, openly and stealth
ly. the attempt to muZZle the press
is kept up. We venture the predlc'
lion that there are not today man>
powerful public service corporations
IN the United States that would moi
be glad to see honest and independent
muZzled.
Hence we say this opinion of Judg.
is particularly timely and
1t is a stern reminder te
he people, who are only too apt t.
be forgetful that the interests of the
press are their interests, the course al
he honest and fearless press then
cause, and the freedom of this pres
he basis and conservator OF theli
freedom. This fact Judge PrltchafC
has set out in no uncertain language
and the people, far more than tn
press, are indebted to him for dis
tinct service.