The daily banner. (Cambridge, Md.) 1897-2008, 1913-07-09
Newspapers and The Courts

Newspapers and The Courts
NO Judge has ever yet MAIN
tanned his dignity, and never will,
by bringing an editor before the
court and Furnishing him because of
animadversions made through the
columns of the newspaper.
1T would be helpful to the courts
if editors of learning and character
would, in dignified and intelligent
manner, discuss the rulings of the
courts, whether by commentator
or whether by advance criticisms
These statements were made by
Judge Smith Mcpherson, of the
United States Court of the South
ern District of Iowa, in a paper
which was read before the National
Press Association last week in
Colorado Springs. Judge Mcpherson
did not attend the meeting of the
Association. In his paper, which
was entitled Liberty of the Press"
he discussed the relations that
should exist between the courts and
newspapers.
Intelligent criticism is invited"
said Judge Mcpherson. Slang and
vituperation are despised by the
Judge. Substantial, honest, and
matured criticism is of great aid to
the courts. Criticism at random
tends to make a judge careless.
Criticism of newspapers should
be of a kind that the editor would
use in conversation with the Judge.
Then there wou Il be no bitterness,
but a useful exchange of views.
Let editors and writer's be gentle
manly toward the Judges. And let
Judges have a due regard TO the
freedom of the press. The public
will then be the beneficiaries.
THE freedom of the press will
ever exist, and rightly so. No one
believes in this more than do the
courts. When coIrt in Washing
ton city, backed by strong pressure
and great power, sought to drag a
New York city and an Indian
apolis editor to Washington city,
because of editorials with reference
to the Panama Canal, il was the
courts that stamped it as an out
rage, and decreed that such oppres-
sion could not exist in a free coun-
try.
1.-The literature found in the pub
ished reports of the courts show
that the newspapers, their editors
and publishers, will not plead in
vain for protection by the courts.
Il have but little to say about the
scandal mongers and the so-called
yellow Journal. They are out
laws, and are entirely beyond 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 ex-
pensive, and usually 1udicrous if
not farcical: Most newspapers,
like most men, are sincere as to
their utterances. Their unfair criti-
cisms come from lack of informa-
ton. They are too impatient to
strike.
"A great many Judges seemingly
believe that because they wear the
robes of office they are and should
be beyond criticism. That is fall
lacy. I believe as much as does
any one in maintaining the dignity
of the courts, and that the people
should have respect for the courts.
But a Judge must command respect
in some other way than by making
this argument He cannot COM
mand respect by becoming a recluse,
nor by wearing silk hat or
morning frock coat, or a white tie,
or by speaking in gutteral tones of
voice
1T is the duty of all, including
newspapers, to be respectful to the
courts and of aid to the courts in
decorous administration of pub
lie justice. But it is idle to talk
to the effect that courts in their
procedure are not subject to criti-
cism
I'VE talk about the science of
law 1t is a science, but an ineNact
science. For instance, the Supreme
Court of the United States, with
reference to the monopoly created
by patents and the sale of patented
articles under such monopoly, has
within one year handed down two
decisions, the results being opposite
holdings, owing to the different
makeup of the courts.
The one weakness of the news
papers lies in the fact that too
many newspapers predetermine a
fixed policy of such papers. and de-
termine in advance whether the
holding of the courts, if one way
or the other, shall be commended
or disapproved, and then the mat
ter is taken up by some editorial
writer whose name is not known to
the public THE Fourth Estate.
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