Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1904-07-05
THE PRESS AND THE COURTS

The comments Of some OF our con-
of tho press to crlticise courts, please
1.-THE Deseret News and mark, n not u
change OF opinion at least the apprecia-
ton Of "A principle. A North Carolina
judge. displeased at the comments on
his judicial acts by the editor of the RAJ
leigh News and Observer. fined him two
thousand dollars and ordered his i'm
lprisonment until the fine was paid. a
writ OF habeas corpus was sued out
and on full hearing before Judge j.
G. Pritchnrd OF the United States cir
cult court, the editor was released. AZ
ter interpreting the law IN relation to
contempt, and denying the power of tn Z
lower court to take the-action reversed.
The Judge said:
III n Judge charged with the admin
istrntion Of the law is not tn BE- criti-
clsed on account OF his official conduct,
the liberty OF the press is abridged and
the rights OF individuals imperiled."
That is likely TO be approved by the
press OF the country almost without ex-
ception. 1t IL the position that was
taken many years ago by the Deseret
News. but dissented from by editors
here, who seemed to think that any
criticism by Mormon" paper OF the
course OF court was tantamount TO
treason. But n contemporary that was
then particularly savage on that mat
ter. now sagely remarks:
Surely any one who has the proper
view Of public affairs viii realize the
force and propriety Of that saying OF
the court. IL goes exactly TO the core
OF the whole question. 1t recognizes
fully the fact that judges are public
officials. and that there il no more
reason why they should be exempt
from public criticism than any other
officials. Therefore. II the press must
be muzzled al to the proceedings of the
courts, then the people might be In
more peril from this cause than from
any other. on this restriction OF free
public comment"
That reads almost like a paragraph
from the Deseret News at the time of
our controversy on this question. We
take pleasure in giving II our endorse
nienf- The same paper concludes its
comments with these words:
And this rule, 10 plainly announced
by Judge Pritchard 10 be the law OF the
United States, should also be made the
law for the State courts all over this
Onion
Very good. That IS bound to come.
Al the same time II must be borne In
mind that fair criticism OF the courts,
or indeed OF any aun OF incumbent OF
the public service, does not signify or
include abuse. Misrepresentation, libel
or unjust attacks Of any kind. The
liberty Of the press IL one thing, It's
assumed license TO Witty and assail is
another thing. Courts have and should
have the power of self-protection. They
cannot very wen enter into n wordy ar
gument with a newspaper, and they
should be surrounded with a halo OF au-
thority that commands respect Bur
the point at issue is that they are not
above public or private criticism as Of
ficials In a republic where the people
are supposed TO be sovereign.
Another point Is that they are not in
fallible They sometimes have to re-
verne their own decisions. and so-calied
inferior courts are often oyerrulsd by
the Superior" and even the court OF
last resort IN the nation which has the
last guess" Is itself once in while
mistaken ana therefore changes itc own