Fort Mill times. [volume] (Fort Mill, S.C.) 1892-current, 1904-07-06
LIBERTY OF THE PRESS
He says that Abuse of Liberty of tho
Press is Rare-Punishable Contempt
is Defined.

Press is Rare-Punishable Contempt
is Defined.
Asheville. n c.. Special Judge J. c.
Pritchard. of the United States Circuit
Court. has fled his opinion in the case
Of Mr.. Josephus Daniels. editor of the
Releigh News and Observer, who had
been fined $4,000 for contempt of court
by District Judge Thomas r. Purnell
The case came up on writ of habeas
corpus sued out by Mr.. Daniels. who
refused to pay the fine and was ordered
committed
Judge Pritchards opinion is a careful
and comprehensive review of the law as
applied to newspaper utterances that
might he construed as contempt of
court. The opinion says that in order
TO determine whether the petitioner Is
entitled 20 the relief prayed for in his
writ 1t is necessary to determine two
questions: a. Did the court which i'm
posed the sentence in his case have
jurisdiction and GU Does this court
have jurisdiction 20 hear and determine
this case on n writ of habeas corpus?
"The force of public opinion in this
country in favor of the freedom of the
press has restrained the free exercise
or the power to punish this class of
oontempts. and in many jurisdictions
statutes have been enacted dcpriving
the court Of the power to punish them
1t was taken from the Federal courts
by the act OF Congress of 1891. which
act deprives these courts Of the com
mon-law power to protect by this pro-
cess their suitors, witnesses. officers
and themselves against the libel of the
press. though published and circulated
during the trial of Il case therein.
The newspapers sometimes engage
in unwarrantable criticism of the
courts cannot be denied" continues the
Judge. "In some instances they con
strue the liberty of the press as a Ii
cense to authorize them to engage in
wholesale abuse of the court. but these
Instances are rare and do not warrant
a departure from the well-settled prin-
ciples of the law as declared by Con
Sress and construed by the courts. II
judges charged with the administra-
ton OF the law are not to be criticised
on account of their own conduct the
liberty OF the press is abridged and
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 limitations OF the stat
ute. For instance, if newspaper
should publish an article concerning
trial which was being considered by
curry and should send 4 copy OF the
paper containing such article to the
jury or member thereof during the
progress OF the trial for the purpose Of
influencing them in their decision. ii
would present a question whether such
conduct would not be misbehavior in
the presence OF the court or so near
thereto as to obst"uct the administra-
ton cf Justice
1t appears that the distinguished
Yho adiudged the petitioner to
pntcmpt of court" he concludes
fed the authority granted in the
1881 and that the Court was
jurisdiction. Such being the
J. judgment of the court is void
lrcfore a nullity
Pew of the foregoing the Court
at the petitioner is unlawfully
led OF his liberty. and il is there
nsdered and ordered by the
hat the said Josephus Daniels
Hlarged from the custody of the
OF the United States and that
a., - rcnce without day"