The Delta independent., 1913-06-27
JUDGE FLAWS CONTEMPT RuL.
INes AT SPRINGS MEETING.

NO judge has ever yet maintained
his dignity and never will by bringing
an editor before the court and punish
ing him because of animated versions
made through the columns of the
newspaper
1t would be helpful to the courts
if editors of learning and character
would in a dignified and intelligent
manner discuss the rulings of the
courts, whether by commentator or
whether by adverse criticism"
These statements were made in
paper by Smith Mcpherson. United
States District Judge, southern district
of Ohio, which was read before the
National Press association last Thurs
day in Colorado Springs. Judge Nc
Pherscn did not attend the meetings
of the association. In his paper.
which was entitled Liberty of the
Press he discussed in n general way
the relations which should exist be-
tween the courts and the newspapers
Intelligent criticism is invited.
said Judge Mcpherson. Slang and
vituperation are despised by the judge.
and as ] believe. by the intelligent of
the public. Subtantial and honest and
matu-ed criticism is OF a great aid
TO the courts. as well as educators OF
the public. Criticism of the newspap-
ers should be OF a kind. and none
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
such criticism. progress will be made,
because such criticism is within the
limits of freedom of the press" and
not a mere license for which there is
no remedy. and no resulting good
Let editors and writer's be gentlemanly
towards the Judge and let judges have
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 press
were more fair and sincere than it is
In speaking of the press, | have
but little TO say about the scandal
mongers and the so-called yellow jour
nalists.' They are outlaws and entire
ly 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 bring
ing actions. either civil or criminal
Tnr- liha1 hAaa,,s,
pensive and usually ludicrous if not
iarcical. Most newspapers. like most
men. are sincere as to their utterances.
Their unfair criticisms come from
lack of information They are too
impatient to strike.
In speaking of the relations that
do or ought to exist between the
newspapers and the courts. there are
a number of fundamental errors,
which like cobwebs, should be brush |
ed away. One of these errors is in |
the fact that great many of the |
judges seemingly believe that because |
they wear the robes of office, they are
and should be beyond criticism. That |
anyone, in maintaining the dignity of
the courts and that the people should |
have respect for the courts. But
judge must command respect in some
other way than by making this argu-
ment. He can not command respect
by becoming a recluse nor by wear
ing silk hat or a morning frock coat.
or white tie, or by speaking in gut
teral tones of voice"
The one weakness of the newspap- n
ers lies in the fact that too many 1
newspapers predeterminate fixed II
policy of such paper. and determine
in advance whether the holding of the
courts. if one way or the other. shall
be commended or disapproved, and
then the matter is taken up by some
editorial writer whose name is not
known to the public.
In speaking of courts. in the main
have referred to the United States
courts. There are other abuses which.
If fully exposed, would result for the
better"
In this connection Judge Mcpherson
spoke of the treatment of jurors and
favored greater liberty for them. He
said there should be no greater occa-
sion for having detectives follow jur,
,rs than to follow judges.