The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1909-03-16
THE LIBERTY or THE PRESS AND
THE LIBERTY or THE BAR.

mack and all Of the circumstances
leading up to it. taken in connection
with the almost simila- assassin atom
Of the brilliant Gonzales Of South
Carolina, has given occasion to the
press Of the country fos a rather broad
orange for editorial expression on The
subject The recent attitude OF vees-
ident Roosevelt in connection with
| bringing indictments against cerraIn
editors in the east and west also bear
Ing in certain though remote man
ner upon the very subject, has caused
this question of the liberty Of the
press to become almost a general SUB
ject Of treatment at the hands of edi-
tors all over the country. One Of the
best thoughts on this subject has been
contributed by the Jacksonville Times
Union which comes more near In our
judgment of sizing up the true stu
alton than anything of the kind we
have seen. The Times Union com
pares the liberty OF the press to that
of the bar drawing parallel as be-
tween the editor who expresses his
opinion Of public men and the paid
attorney who does the same thing at
the bar Of justice in the argument Of
his cases.
The editorial is timely and is worth
reading. Here it is:
TO understand typical cases is to
understand principles as applied to
men. Just now in the Cooper trial the
public is asked to accept the doctrine
that man may stop the discussion
of his political record by informing
an editor that his name must not APP
pear in print; it is claimed that the
use Of such name after this prohibi-
ton implies an attack on private
character.
Certainly, what is iustdable in one
profession is iustifable in anotber-a
lawyer cannot righuully deny to
newspaper such discussion as the
practice Of the bar demands. Let it
be noted that Editor Carmack said
nothing in derogation Of Colonel Coop
er's character to compare with the
language used by Attorney Fitzhugn
in the presence Of Judge and jury to
be published throughout The land. The
newspaper accused Colonel Cooper of
entering into a political combination
to influence and control an election in
the state--it referred to Colonel Coop
er as bald headed angel whose
wings might be tinged with light from
Heaven and smell of sulphur from
the lower regions Colonel Fitzhngh
speaks Of him as gambler who failed
to pay his debts, conspirator aud a
man who was not a gentleman, be
cause he used vile language in the
presence of ladies'. Evidently It
Colonel Cooper mast shoot Carmack
to cleanse his name. he must Kill the
lawyer as soon as hts weapons are
again in hand--there are other news
papers in Tennessee that have spoken
more harshly of his character and lite
than Carmack did.
What is the proper standard Of
duty? If the lawyer holds retainer
from client every editor believes
that he owes duty to the community
at large and each should discharge
the duty to the full measure of his
capacity. Fear of the consequences
should not stand in the way of the
performance of a duty-threats should
not affect conduct one way or the
other. IN saying this we take ii for
granted that neither the lawyer nor
the editor would attack private char.
aeter except after reaching the con-
clusion that duty demands such con.
duct.
What is the accepted position as
to the duty OF the man who believes
he holds a retainer for the public in
terests? Certainly, the press does
not represent such interests so fully
that all agree free government is in
conceivable when once the press has
been muzzled, 1t is not fair to con-
clude that course pursued in the
presence OF judge and jury that
words uttered with the full knowledge
that they will be printed when ut
tered, if justifabIe from a lawyer
would also be jusdfiabIe from a news
paper. Then why does public opinion