The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-08-09
SEVERE CONDEMNATION OF PUR-
NELL FROM A HIGH SOURCE.

Law Notes." a monthly periodical
published by the we'll known firm OF
law publishers, Edward Thompson
Company, of Northport. Long Island
has an article in the current issue on
Judge Pritchard's decision in the APP
plication of the editor of The News
and Observer for writ of habeas
corpus.
Nearly every paper of importance has
alluded to that decision with approval
Every editorial comment has been
preserved by this editor, but lack OF
space has prevented a republication IN
these columns The comment from
Law Notes" is mild and temperate.
Coming from that high source it is
severe condemnation of Purnell 1t Is
as follows:
THE country heaved a. sigh of re-
lief when Judge j. c. Pritchard, OF the
United States Circuit Court, filed ms
opinion at ASheVille, n. c., sustaining
the petition of the Raleigh editor who
had been committed for contempt by
the Judge of the District Court. The
relief felt by the public was due as
much to the fact that an unseemly
episode was thus brought to q close rs
tC the fact that all important rl%ht
was indicated. The district judge, 1t
will be remembered. had imposed a
fine of $4,000 upon an editor for crit
icising the action of the court in an
Injunction suit. In default of its pay
rent the offender was sent to jail. me
amount of the fine itself was SuggeS-
tive of star chamber proceedings, but
that feature of the case was worthy
of far less attention than the clrcum-
stance that the action Of the lower
court, if sustained, operated to abridge
in a measurable degree the principle
of the liberty of speech. Judge
Pritchard in passing on this aspect
of the case paid a high and deserved
tribute to the temperance and fair
mindednesS of the American press IN
commenting upon the official conduc1
of judges. though to be sure, as he
added, there are rare instances Wnere
the liberty of criticism is abused. 1t
is certainly d gratifying fact that the
press of the country instead OF being
a menace to the spirit of law Is one OF
it's strongest bulwarks. The general
respect in which courts are held by
the people of the country is we'll and
truly reflected in the utterances OF GU!
papers The anathemas hurled even
by those papers whose Journalistic
practices are of low kind are direct
ed not at the spirit of law, but law
lessnesS. Real or supposed defects III
the law of course come i'll for abund-
ant objurgations but the shaft OF
malice is seldom directed at the court
an institution which should ever re-
main the oracle and symbol of justice
The time does come, however, when
official conduct of judges requires COM
inent and deserves reproof. One OF
the highest tests of judicial character
is ability to stand hostile scrutiny with
dignity, perhaps even with silence
There is a principle in human nature
which judges may rely upon in nearly
every instance as affording the best
protection against unmerited critici sm
That is the public sense OF fair play
One who out of a sense of judicial
rropriety refrains from engaging in
heated controversy over his own Of
fetal conduct will in the end be given
the benefit of every reasonable doubt
At this point Judge Purnell fell short.
That he used his judicial authority to
punish "a largely personal grievance
made the incident still more regretta-
able