The Savannah morning news., 1904-06-30
PRITCHARD is FOR
LIBERTY OF PRESS
He so CONSTITUTES THE LAW
IN RENDERING HIS OPINION IN THE
DANIELS CASE.

District Judge PurnelI of North
Carolina, Who Imposed Fine of
$4,000 Upon Daniels for Contempt.
Really Did Not Have Jurisdiction.
Newspapers, as II Rule, Adhere to
the Spirit of the Law in Their
Criticism of Tribunals.
Asheville. N. c., June 29.-Judge ].
c. Pritchard of the United States Cir
cult Court at noon to-day filed his
opinion in the celebrated case of Jo-
sephus Daniels before him on a writ
of habeas corpus, charged with con-
editor of the Raleigh News and OBJ
server, had been fined $4,000 for con-
tempt of District Judge Purnell.
Judge Pritchard's opinion will be
recognized as an important legal rec
ord, and is a careful and comprehen-
siVe review of the law, as applied to
newspaper utterances that might be
construed as contempt of court. The
text of the decision, in part, is as
follows:
"In re Josephus Daniels for con-
tempt, Pritchard, Circuit Judge:
I'm order to determine whether the
petitioner is entitled to the relief pray
ed for in the petition upon which the
writ of habeas corpus was issued, it
is necessary to determine two ques-
tions:
"O-Dld the court which imposed
the sentence in this case have juris
diction?
"(2)-Does this court have jurisdic-
ton to hear and determine this case
on a writ of habeas corpus?
Public Opinion Is for II.
1.-THE force of public opinion in 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 court of the power to punish
them. 1t was taken from the federal
courts by the act of Congress of 1881,
which act deprives those courts of the
common law power to protect by this
process, their suitors, witnesses. Of
ficers and themselves against the libel
of the press, and though published and
circulated pending the trial of a cause
therein.
THAT newspapers sometimes engage
in unwarranted criticism of the courts
cannot De denied. III some INSTANCES
they construe the liberty of the press
asa license to authorize them to en-
gage in wholesale abuse of the court,
but these instances are rare and do
not warrant departure from the well
settled principles of the law as de-
clared by Congress and construed by
the courts. If judges charged with the
administration of the law are not to
be criticised on account of their Of
fpia1 conduct the lhprfV n the
is abridged and the rights of individ-
uals imperilled.
What Would Be Contempt.
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
statute. For instance, IL a newspaper
should publish an article concerning a
trial which was being considered by a
jury, and should send copy of the
paper containing such article to the
jury, or a member thereof, during the
progress of the trial, for the purpose
of influencing them in their decision,
it would present a question whether
such conduct would not be misbehav-
Tor in the presence of the court, or so
near thereto as to obstruct the admin
istration of justice.
1T appears that the distinguished
Judge VINO adJudlcated the petitioner
to be in contempt of court exceeded the
authority granted in the act of 1881
and that the court was without juris-
diction. Such being the case, the judg-
ment of the court is void and therefore
a nudity
I'm view of the foregoing the court
finds that the petitioner is unlawfully
restrained of his liberty and it is there
fore considered and ordered by the
court that the said Josephus Daniels
be discharged from the custody of the
marshal of the United States and that
he go hence without day."