The Union times. [volume] (Union, S.C.) 1894-1918, 1904-07-08
LIBERTY OF THE PRESS.
Important Opinion OF Judge Pritch-
ard In the Case Of Josphus
Daniels

Daniels.
= Judge Jeter G. Pritchard of the United
States circuit court filed his opinion last
Wednesday in the celebrated case of Jo-
sephus Daniels, before him on a writ of
babeas corr US, charged with contempt
of court.
Mr.. Daniels, who is editor Of the Raj
eight News and Observer. had been fined
81 600 for contempt of District Judge
Purnell.
Judge Pritchard's opinion will be rec
ogDized as an important legal record,
and is careful and comprehensive re-
view of the law as applied to newspaper
utteraDces that might be construed as
contempt of court The text Of the de-
| oision in part is as follows:
F "1n re Josephus Daniels for contempt.
Pritchard. circuit judge.
I'm order to determine whether the
petitioner is entitled to the relief prayed
for in the petition upon which the writ Cf
habeas corpus was issued, it is necessary
to determine two questions:
81. Did the court which imposed The
sentence in this case have jurisdiction?
| 80 Does this court have jurisdiction
to hear and determine this case OF a writ
| of habeaS corpus?
| ''* The force of public opinion in
this country in favor of the freedom Of
the PRESS has restrained the free eXerci'e
of the power to punish this class.F con-
tempts, and in many jurisdictions statntis
have been enacted depriving the court of
the power to punish them. 1t was taken
from the Federal courts by the acts of
M4mgress of 1881, Which act deprives those
tc0irts of the common law power to pro-
tect by this process their suitors witness
les officers and themselves against the libel
/ of the press, though Published and circu-
lated pending the trial of a cause therein
THAT newspapers sometimes eng age
in unwarranted criticism of the courts
cannot be denied. In some instances
they coustrue the liberty of the press as a
license: to authorize ttem to engage in
wholesale abuse of the court but these
instances are rare and do not warrant a
departure from the we'll settled principles
of the -,lawaSSelared by, Congress and
cohstf9ed bysfhe courts. If judges
changed with the administration of the
lawNIe not to be criticised op account of
their official conduct, the liberty of the
press isiabridged and the rights of indi-
vidnaiajmperilled.
There may he instances where the
publication of editorials or 6f other mat
ter in newspaper would bring.the author
within the limitations of the, statute.
For instance, xanewspaper shotld pub
lish an article concerning tUal which
Was being considered by j0gs and
lsHould send copy of the paper-< <hatsi,l.
ing such article to the jury or a mO66Hf6
thereof, during the progress of. the TIA
for the purpose of influencing them IL
their decision, it would present ques.
ton whether such conduct would not bt
misbehayiOf in the,presepce of the court
or so near thereto as to iobstruct the ad
ministrstion of justice. **
ut appears that the distinguished
Judge who adiudged the petitioner to be il
contempt of court exceeded the authority
court was without Jufistlr css.Aa sA Aa,r that. The
oelng the case the Judgment of the conr
Is void and therefore a nullity.
In view of the foregoing the cour,
hnds That the petioner is upIawfnllv re
strained of his liberty and it is therefor,
considered and ordered by the court tba,
The said Josephus Daniels be discha,nsf
rom the custody of the marshal of tbt
United States and that he go hence with
out delay.' Will