Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-04-02
CONSTRUCTIVE CONTEMPT"
ISinuX City JOurraIl

Whether Editor Nelson, of the Kan
saS City Star. is to serve one day in
jail for contempt Of court is soon to be
decided by the Missouri supreme court.
Editor Nelson was sentenced by Cir
cult Judge Guthrie. the oherse al
legged having consisted in the publica-
ton Of q news story claimed to hold
the court up 10 public contempt. In
principle this case does not differ from
others in which arbitrary punishment
has been imposed by judges for SO
called constructive contempt" COM
mi;ted outside of the courtroom and
involving no Interference with the
course Of Justice in . case under trial.
The Kansas City instance is notable
however. in Offering one feature thai
illustrates most strikingly the possible
Injustice in permitting q judge 10 serve
as prosecutor. judge and jury for an
ofense committed agains, himself
This point was mentioned in the first
reports Of the Kansas City case ana
vls brought out more clearly in the
hearing before the supreme court com
missioner the other DAY.
Colonel Nelson was cited before the
circuit court Tor contempt alleged to
have been involved in q news story
written ny one Il his reporters. When
he appeared he was accompanied by
one Of the best lawyers in Kansas City.
who spent several hours making argu
72eItS anG citing authorities to show
the defendant was not guilty Of con-
tempt of court. After the lawyer had
exhausted all his ammunition Judge
Guthrie drew rrcn1 MS pocket a type
written opinion and calmly proceeded
10 read K. In il ne found the defendant
guilty and explained why he should be
sentenced 10 serve one day in Jail. OBJ
viously me judge had written out his
ruling in the case before entering the
court. Obviously. 100. the Judge had not
paid a bit O. attention to the argu-
nents ard authorities advanced by the
high priced attorney in behalf OF his
client. When asked whether he had
prepared the opinion before coming in
TO court the Judge admitted he had. ex-
planning that ne was fully acquainted
with all the facts in the case and need
ed no further enlightenment on any
point. When Intercepted on this be-
fore the supreme court commissioner,
ne judge hedged somewhat, explaining
that he mad written out the opinion the
night before. intending 10 change II II
evidence presented a, the hearing
should influence him 70 do so. Unques-
tiorably the first answer was the
franker one.
This phase Of the Kansas City Incl
dent ernbodies the whole case against
the practice by which judges assume
to impose punishment for reflections
upon them outside Of the courtroom.
The jucge is angry in the first place,
or he would Tot issue the summons for
contempt In the subsequent proceed
ings a biased prosecutor presents his
cas-. before a biased court. relying
upon biased jury 10 decide the guilt
or innocence Of the defendant. AND
the person against whom the alleged
o4fense was committed combines win
in himself the functions Of prosecutor
Judge and jury. How couid the de-
PENDANT hope 10 escape CONVICTION
from such a combination? How couid
prosecutor. judge and jury. ranking
with the sense OF prejudice against the
defendant, help 10 deal strict justice
n him? 1t is farcical to suggest JUS
tice can be conserved under such cir
c,ir7staaces. The court might as well
write out it's ruling in advance OF
hearing the defendant as 70 wait until
after a hearing animated by prejudice
in every detail. But the court might
better refuse to have anything 10 CO
with prosecution in which justice
can no. figure.
When an offense is committed
against a judge. under circumstances
the, do not interfere with the progress
Of any pending case. the judge may
seek recourse under the law the same
as any other citizen. # newspaper
,ibels a judge the newspaper ought to
he punished. Ii can be punished justly
after fair trial in an unprecedented
court. with the verdict in the hands OF
an impartial jury.