The San Juan islander. [volume] (Friday Harbor, Wash.) 1898-1914, 1904-07-02
CONTEMPT OF COURT.
Rule Laid Down by Federal Judge
in North Carolina Case.

IN North Carolina case.
Asheville, N. c., June 30.-Judge
B. Pritchard, of the United States cir
cult court, has filed his opinion in the
case of Josephus Daniels. Mr.. Dan
iels, who is editor of the Raleigh News
and Observer, had been fined So, 900
for contempt of court by District Judge
Purnell. Judge Pritchard's opinion
will be recognized as an authrity in
regard to newspaper utterances that
might be construed as contempt OF
curt. A portion OF the decision fol
lows:
The force of public opinion i'll this
country in favor of the freedom OF the
press has restrained the free exercise
OF the power to punish this class Of
contempts, and in many jurisdictions
statutes have been enacted depriving
the courts of power to punish them.
1t was taken from the federal courts
by act of congress of 1881, which act
deprives those courts of common law
power to protect by this process their
suitors, witnesses, officers and them
selves against the libel of the press,
though published and circulated pend
ing the trial of case therein. That
newspapers sometimes engage In I'M
warranted criticism of the courts can
not be denied. In some instances they
construe the liberty of the press as a
license to authorize them to engage IN
wholesale abuse of the court, but these
instances are rare and do not warrant
departure from the we'll settled prln-
ciples of law as declared by congress
and construed by the courts. Ii a
Judge charged with the administration
of the law is not to be criticised on
account of his official conduct, the
liberty of the press is abridged ana the
rights of individuals imperiled.
There may be instances where the
publication of editorials or other mat
ter in newspapers would bring the au-
thor within the limitation of the stat
ute. For instance, if a newspaper
should publish an article concerning a
trial which was being considered oy
Jury and should send copy OF the pa
per to the jury or member Thereon,
during the progress of the trial, for the
purpose of influencing their decision
it would present a question whether
sucb conduct would not be mlsbehav-
ior in the presence of the court, or so
naar thereto as to obstruct the admin
istration of justice. =. :, =,
It appears that the distinguished
Judge who adjudged the petitioner 10
he in contempt of court exceeded the
authority granted in the act OF 1881
and that the court was without Jurls-
diction. Such being the case the Judg-
ment of the court is void and therefore
a nullity.
In view of the foregoing the court
finds that the petitioner is unlawiuiiy
restrained of his liberty and 1t is there-
fore considered and ordered by the
court that the said Josephus Daniels
be discharged from the CUSTODY OF .he
marshal of the United States ana tna'
he 90 hence without delay.
ACCIDENT 70 Russian Submarine.
ST. Petersburg, June 3O.-The SUD
marine boas Dolphin sank at her
moorings in the Neva, off the Baltic
shipbuilding yard at a. NJ with tine
loss IF an officer and twenty men. Inc
accident was due partly to the excess
i've number OF the crew, mostly mex
neriencei men. and chiefly to the I'M
fortunate attempt of a man to escape
While his comrades were screwing