The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-06-05
Judge Pritchard's Decision,

In reviewing the case of Mr.. Josephus
Daniels, editor of the Raleigh News and
Observer, who was fined by Judge Pur-
nell, of the United States Court, for
contempt, because Of an editorial article
crlticising decision Of the Judge, we
purposely refrained from expressing
positive opinion in this case, as It had
not been finally disposed Of, Mr.. Daniels
having appealed to Judge Pritchard, of
the United States Circuit Court of APP
lcals But we took occasion to repro
duce section 725 of the Revised Statutes
OF the United States, under which Judge
Purnell was proceeding and to give in a
general way our construction Of that
statute. The statute provides: NJ
'That tho said court shall have power
| to impose and administer at the dscre-
\ ton Of the court contempts Of their au-
| thoIity; provided that such power to
punish contempt shall not be construed
to extend to any cases except the mis-
Behavior of any person in their presence.
| or SO near thereto as to obstruct the
administration Of justice; the misbe-
! havior OF any Of the officers of said
court III LIZZIE OlllCltLlf ana
tie disobedience or resistance by any
such officer or by any party, juror Wit
ness or other person to any lawful writ,
process order, rule, decree or command Of
the said COURT
Hy way of comment, we said that there
could be no hard and fast rules gov
erning a Judge in such cases; that the
law necessarily gave him discretionary
power. but that there was undoubtedly a
general rule that the judge might not
exercise 1t unless the person against
whom complaint was lodged had acted in
such q way as to obstruct the orderly
admin stration of justice.
The appeal case was heard by Judge
Prltchard on Friday last, and he Issued
an order releasing Editor Daniels, and
putting an end to the contempt proceed
ings instituted against him by Judge Pur-
nell. In rendering his opinion. Judge
Prichard said:
II have no question as to the sinceri-
ty OF the purpose of the distinguished
Judge in rendering the decision. but at
ter careful examination of section 723.
hpN'ScQ oltlhtcS, w ny LIN atiS
grounds to support the action. The de-
fcndant Is. therefore, ordered released,
a3l the. proceedings stopped"
Some of the North Carolina papers
charge that Editor Daniels in critlcisine
Judge Purneli was acting in the inter
est Of political clique which has been
controlling this railroad involved.
"Al. persons who favor change In
tho management" says the Wilmington
Messenger, care denounced The men
who brought the suitsyare called traitors,
robbers and grafters, One editor has gone
so far as to more than once impugn the
motives Of the judge before whom the
matter Is pending, He has carried his at
tacKs on this judge to such an extent
that he has been summoned before the
| court for contempt. This editor. Mr..
| Daniels, of the News and Observer. not
| content with this state Of affairs. seems
A to be trying to stir up greater strife and
10 involve our people in open conflict
with the Federal authorities by publish,
ing ali the violent remarks on this pro
ceeding that come to his ears
This Charlotte News in the same con
reetion says that, while the incendiar,
talk OF Editor Daniels may be taken seri
OuslN Ny SOME, lIe iiidJpIlly Oh lIs leO
pic OF the state Will regard ii In its tru
llgllt-merely the expression of n ma,
who for the present is posing as her
ind a political martyr, neither of whc
he is, I'VE are very much Of the opin
ion of the Messenger" concludes tn
News, that the whole thing is founde
on Raleigh politics and fostered by It,
OF this we know nothing, except fror
heatsay, and that phase OF the case W
shall not at this distance discuss. Th
lnnestio Which concerns us and every othe
editor Is, whether or not an editor ma
q he arrested and summary punished
I contempt proceedings for crl,icsing n
. / action Of a Judge in a case that has bee
d disposed of and when such criticism car
/ not in the nature of things obstruct IL
c orderly administration Of Justice, JUDI
3 Pritchard says not; and so finally d.
j, eided Judge Campbell, of Virginia,
contempt proceedings, which he himse
(; Instituted against q Virginia editor abo
Il TWO years ago. The decision Is reaso