Albuquerque evening herald. [volume] (Albuquerque, New Mexico) 1911-1914, 1913-06-20
Intelligent Criticism
of Courts Is limited
freedom Of Press and Dignity Of Judicial Ermine Not In
compatible Declares Judge Smith MCPHERSON in Paper
on Relationship Between Press and Bench.

tby leased Wirv 90 Evening Herald 7
colorado springs. Colo. June 80 -
NO Judge mas ever yct maintained
ais dignity and never will by bring
ing an editor before the court and
furnishing him because OF anlmadvor-
Sions made through the columns OF
the newspaper.
IL would be helpful TO the courts
" editors or learning aud character
would In dignifled and intelligent
manner discuss the rulings Of the
courts, whether by commentator or
whether By adverse criticism
These slaiemenss were made In a
paper by smith Mcpherson. United
Statos distric; Judge, southern dis
trict Of Iowa. which wac read before
the National Press association. Judge
Mcpherson did not attend the meet
ing OF the association. In his paper.
which WIS entitled Liberty OF the
Press" he discussed In a general way
the relations that should exist be-
tween the courts and the newapa pers.
Intelligent criticism is invited, %
said Judge Mcpherson. slang and
vituperation are desplsed by the judgc
ana, on I believe. by the Intelligent
portion of the public Substantial
and honest and maturcd criticism IL
of great aid TO tho courts. as we'll
aa educators ~ the public Criticism
at random tends 10 make judge
careless. Criticism OF newspapers
should be of a kind. aud none other.
than the editor would use in CONVEX
Hation with the Judge. Then there
would be- no bitterness. but a useful
exchange of Views. And with such
criticism progress will be made. be-
cause such criticism In within the
limits OF freedom of the press. and
not mere license FOR which there ID
no remedy. and no resulting good.
Let editors and wrltcrs be gentle.
manly towards the judges. And ie,
tho judges have due regard 10 the
freedom Of the press The public
viii then be the benehciaries.
In the beginning or his paper
Judge Mcpherson said he wished this
Relationship between the courts and
the press was more fair and sincere
t1an II is.
The freedom Of the press ls one
of the Institutions Of this country
and as such will ever exist. and eight.
~ So" he continued. And no one
believes In this more than do the
courts. Il Was but recently that IN,
courts righteously. against terrih'
pressure. prevented the dragging OF
editors one of them nearly a thou
sand miles. 90 make answer To an al
legged libel one recital In the declar'
alton OF independence against Eng
land was 20 the effect that Ameri.
cans were carried btyond seas foi
trial. when court In Washingtor
city, backed rs strong pressure and
great power sought To drag New
York city and AN lndianapol editor
to Washington city. because OF edi'
torinls with reference 20 the Panama
canal. Il was the courts that stamped
u as an outrsNe. aud deCrced thai
such oppression could not exist In Z
free country. The literature found In
the published reports of the courts
show that the newspapers. their edi'
tors and publishers. VIII not plead Ia
vain for protection by the courts
This protection will be given because
" In just that II should be so. An,
The courts should be fairly consid
cred by the press.
"In speaking OF the press have
hut little 90 say about the scandal
mongcrs and the so-caliod yellow
Journals They are outlaws, aud ar,
entirely beyond the pale of respcc
by the courts and decent citizens gen
orally. We judges have no remed!
as against them. II IL idle To tall
about bringing actions. either civt
OF criminal, for libel because suci