The Fairmont West Virginian. (Fairmont, W. Va.) 1904-1914, 1913-06-23

the newspaper.
1t would be helpful to the courts
II editors OF learning and character
would in dignifed and intelligent
manner discuss the rulings OF the
courts, whether by eommendaifon or
whether by adverse criticism"
These statements were made in a
paper by Smith Mcpherson, United
States district judge, Southern dis,
trict OF Ohio, which was read before
the National Press Association today,
Judge Mcpherson did not attend the
meetings OF the association. In his
paper. which was entitled Liberty Of
Tue Press he discussed in a general
way, the relations that should exist
between the courts and newspa pers.
Intelligent criticism is invited
said Judge Mcpherson. Slang and
vftuperation are despised by the Judge
and as | believe by the intelligent of
the public. Substantial and honest
and matured criticism is of a gerat
aiu to the courts, as well as educa.
tors OF the public. Criticism at ran.
uom tends TO make u Judge careless.
criticism OF newspapers should be OF
klnd, and none other, than the cdi
tor would use in conversation with the
Judge. Then there would be no hit.
terhess, but useful exchange OF
views And with such criticism. pro.
Sress Will be made. because such crit.
iclsm is within the limits of freedom
OF the press and not a mere license
Tor which there is no remedy, and ma
resulting good, Let editors and writ
ers be sentlemanly towards the
Judges And let judges have due
regard to the freedom Of the press
The public will then be the bencficl,-.
les"
in the beginning of his paper Judge
Mcpherson said he wished the rela
uonship between the courts and the
press were more fair and sincere than
1t is.
The freedom of the press is one Of
me institutions Of this country, and
'as such will ever exist, and rightly
So" he continued. And no one be.
leves IN this more than do the courts
II was but recently that the courts
rishteonsly, against terrific pressure
prevented the dragging OF editors, one
o' them nearly thousand miles to
make answer to an ALLEGED libel. one
recital In the declaration of indepen
dence nsainst England, was to the es.
lect that Americans were carried he
Eona seas for trial. When n cour,
IN washington City. backed by strong
pressure and great power sough, to
drag New York city and an Indian.
anolis editor to Washington CITY, bc.
cause OF editorials with reference TO
'he Panama canal, 1t was the cour,s
tHat stamped it as an outrage, and
uecFeea that such oppression coutd
not exist in a free country. The liter.
azure found in the published reports
OF the courts show that the newspo.
pers. their editors and publishcrs
"'H not plead in vain for protection
Oy inc courts. This protesction will
oe given because it is just that Il
should be so. And the courts should
De iairiy considered by the press.
I'm Speaking OF the press, | have
nut little TO say about the scandal.
lhonsers and The so-called yellow
Journals They are outlaws and are
beyond the pale of respect
by the courts and decent citizens zen.
orally. We judges have no remedy
Is against them. 1t is idle to talk
about bringing actions, either civil or
for libel, because such ar.
ions are expensive. and usually ludi.
tfous If not farcical. Most newspa.
pers' life most men, are sincere asI
% their uttcrances. Their unfair crit.
c'sms come from lack of information.
'hey are too impatient to strike.
In speaking of the relations that
10. or ought to. exist between the
newspapers and the courts, there are
l number of fundamental errors
when IKE cobwebs, should be brush.
III away. One OF these errors 10 in
"c TACT mat great many OF the
'"uecs seemingly believe that because
hey wear the robes of Office, thew are
ma should be beyond criticism. Tina.
$ laliacy. believe as much as does
'hyone in maintaining the dignity Of
ne courts. But a Judge must com.
nand respect In some other way than
~ making this argument. He cannot
command respect by becoming a re.
i'ase' nor By wearing a silk hat or
| morning frock coat, Or a white tie.
Or by speaking in cultural tones of
ioice." .... .-.r-,
Judge Mcphnr.nn ,La, &c.,. >.