Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-11-26
Criticism Of a Court.


dom of the press-is about to be measured
by the Supreme Court of the United States.
That tribunal is asked to decide whether
newspaper may criticiSe a court and
attack the motives of the judges In reach
ing a judicial decision. The case comes
up from the supreme court of the state of
Colorado, and the defendant is no less
man than Thomas NJ. Patterson. a men,
her Of the United States Senate from that
state, and editor of the Rocky Mountain
News and the Denver Times. He has been
convicted of contempt in attacking the
motives of the judges before their de-
csion in a certain case was announced
and for denouncins them after their judg-
ment has been rendered The Bar Asso-
citation of Colorado. Jealous Of the reputa-
ton of it's judiciary, held a meeting and
passed resolutions requesting the attorney
general to begin proceedings; Senator Pat
terson was brought before the court and
after evidence and arguments had been
submitted he was found guilty Of con-
tempt, fined $1,000 and committed to Jail
until the fine Is paid. Mr.. Patterson APP
pealed to the Supreme Court of the United
States in April. 1906, and the case is likely
to come up at any time. He has no less
than nine lawyers. Senator Teller being the
senior counsel. while the state of Colorado
is represented by Attorney General Miller.
Mr.. Patterson does not deny that he
wrote the articles. He admits all re-
sponsibility and pleads justification. You
will remember an old story about law
yer who denied that he was showing his
contempt for the court and declared that
he was trying to conceal it. Mr.. Patter-
son takes no pains to conceal his contempt
for the supreme court of Colorado, but OBJ
jects to paying a fine and does not want
to go to prison on that account He takes
the broad ground that the constitutions of
the United States and the state of Colo
RADIO guarantee the liberty of the press, in
Guiding the right to crtieise and condemn
the official acts of all public officers. includ-
ing the judiciary. these rights" he de-
olares, have existed ever since the estab-
lishment Of civilized government on this
continent to check the growth of arbitrary
power, to secure the enjoyment of the fun
damental liberties of the citizens, and to
afford complete protection to such liberties
where the purposes for which the consti
buttons of the states and the United States
were adopted" He contends that courts
are human. and that when they are guilty
OF tyranny or are actuated by corrupt mo-
tives and influences they become danger
to the state, hence 1t is not only the right
but the duty Of newspapers to attack them.
Senator Patterson's Criticisms.
The supreme court Of Colorado decided
dispute involving the political control of
the city of Denver in favor Of the repubii-
cans. while Mr.. Patterson is populis. or
democrat In both his papers he declared
that the decision was corruptly rendered
for political reasons, under the influence of
the leaders of the republican party. mot
merely to prove themselves powerful bosses
or to advance themselves politically. but II
was to cary out business proposition that
means millions upon millions to them, and
especially to William G. Evans, the most
constituencies boss that ever bestrode a
suffering people,"
Six similar articles and a very offensive
cartoon were published In Senator Patter-
sons papers and he still justif1es them. He
has not changed his mind and comes up to
the Supreme Court of the United States to
demand the privilege Of criticising and de-
nouncing judicial decisions and attacking
the motives of the judges who render them
right under the Constitution Of the United
States and necessary to the welfare of the
state.
In one of the articles in question Senator
Patterson insinuates that the Supreme
Court of the United States, before which
MS case 10 now pending, is no better than