The Fargo forum and daily republican. [volume] (Fargo, N.D.) 1894-1957, 1913-06-24
JUDGE SAYS
EDITORS SHOULD
DISCUSS RULINGS

EE@fRs4EIE
mo judge has ever yet maintained his
dignity and Y will by bringing an
editor before the court n Furnishing
him because Of animadversions made
through the columns of the newspaper.
1T would be helpful to the courts il
editors of learning and character
would in a dignified and intelligent
manner discuss the rulings of the
courts. whether by co~mmendation or
whether by adverse criticism.
These statements were made in al
paper by Smith Mcpherson, United
States district Judge, southern district
OF Ohio, which was read before
the National Press association
Judge Mcpherson did not attend the
meeting Of the association. In his pa
per, which was entitled Liberty of the
Press, he discussed in a general way.
the relations that should exist between
the courts and newspapers.
Intelligent criticism is invited"
said Judge Mcpherson. Slang and vi
tuperation are despised by the Judge,
and as / believe by the intelligent of
the public. Substantial and honest
and matured criticism is of a great aid
to the courts, as well as educators Of
the public. Criticism at random tends
to make a judge careless. Criticism
of newspapers should be of a kind,
and one other, than the editor would.
use in conversation with the judge.
Then there would be no bitterness,
but a useful exchange of views. And
with uch criticism. progress will be
made, because criticism is within the
limits of freedom of the press and
not a mere license for which there is
no remedy, and nc resulting good. Let
editors and writer's be gent1emanly
towards the judges. And let judges
have a due regard to the freedom of
the press. The public-will then be the
beneficiaries."
In the beginning OF his paper,
Judge Mcpherson said he wished the
relationship between the courts and
the press were more fair and sincere
than it is.
THE freedom Of the press Is one of
the institutions of this country, and as
such will ver exist, and rightly So"
he continued. And no one believes in
this more than do the courts. 1t was
but recently that the courts righteous
ly, against terrific pressure, prevented
the dragging of editors, one of them
nearly 1000 miles, to make answer to
an alleged libel. One recital in the
declaration of independence against
| England, was to the effect that Amer
leans were carried beyond seas for
trial. When a court in Washington
| city. backed by strong pressure and
York city and an Indianapolis editor
to Washington city, because of edi-
torialS with reference to the Panama
canal, it was the courts that stamped
it as an outrage, and decreed that
such oppression could not exist in
free country. The literature found in
the published reports of the s9eourts
| chnIry fhnf Aha ~ xrrc \ ~ or ,ssffaoi,S sd
itors and publishers. will not plead in
vain for protection by the courts.
This protection will be given because
it is just that 1t should be so. And
the courts should be fairly considered
by the press. 81
Tn speaking of the press, / have but
little to say about the scandalmongers
and the so-called yellow Journals
They are outlaws, and are entirely be-
yond the pale of respect by the courts
and decent citizens generally. We
judges have no remedy as against
them. 1t is idle to talk about bringing
actions, either civil or criminal, for
libel, because such actions are expens-
i've. and usually ludierous If not far
cial. Most newspapers, like most
men. are sincere as to their utterances.
Their unfair criticisms come from lack
of information. They are too impa-
ltient to strike.
In speaking of the relations that do,
or ought to, exist between the news
papers and the courts, there are a
number of fundamental errors, which,
like cobwebs, should be brushed away
| One of these errors is the fact that a
great many of the Judges seemingly
believe that because they wear the
robes of Office. they are and should be
beyond criticism. That is fallacy. i
lbelieve as much as any one does in
maintaining the dignity of the courts
and that the people should have re-
spect for the courts. But a judge
must command respect in some other
way than by making this argument.
He cannot command respect by becom-
ing a r~ecluse, nor by wearing a silk
hat or a morning frock coat, or a
white tie. or by speaking in cultural
tones of voice."
Judge Mcpherson then gave in de-
tail his ideas Of Judge, told how they
are sometimes criticized, and contin-
ued: Every time a judge holds a city
ordinance or a state statute void, ex-
citement follows, and the head of the
liudge is demanded for the basket. We
are accused of making laws: we are
accused of ~legislating; we are accused
of having no respect for the city coun-
ellis or legislatures. If we judges are
wrong in thus holding city ordinances
Il OF STATUTES LOHpG Nold, alllG spIGSSS OuShN
Ito show the people where we are
wrong.
Instead of berating the Judge as
being in some indefinite way related
to the interests, controlled by rail-
road attorneys, or In close Fellowship
with the money-trust, s~o-called: why
lis it that the press does not show by
arguments that the, decision over
throwing the city ordinance or statute
was wrong, by presenting the, reasons
why the ordinance or statute is not in
conflict with the constitution OF the
limited States? How many of you
gentlemen write such editorials
Some of you do, and some of you do
not. We all know that such cases al
rightly be carried to the supreme
court of the United States, and what
ever may be the decision of that great
court, all persons of all classes cheer
fully yield obedience.
state of California with reference tie
i their alien statutes as respects the
holding of real estate. I have no in
formation ais to whether that statute
lis in conflict with the treaty between
this country and Japan, or not. But
can any man doubt what N honest
and courageous. judge will hold. If this
4 case brought before him presents the
question. and such cour15fnds there is
!. conflict between the statute and the
treaty, as to which will give way? Car
Il California or any other one state ride
i down a treaty between this country
and Japan? I only say this for an III
~lustration and not as an expression oi
an opinion with reference TO the mer-
Tits OF the California legislation. Bui
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