The Barre daily times. (Barre, Vt.) 1897-1959, 1913-06-23
INTELLIGENT
CRITICISM OF
COURTS INVITED
Declared United States District Court
Judge Smith Mcpherson, Whose
Paper Was Read Before Ma
tional Press Association.

uonal Press Association.
Colorado Springs, Colo, June 90
''No judge has ever yet maintained hi:
dignity and never will by bringing an
editor before the court and Furnishing
him because of animadversions made
through the columns of the newspaper.
at would be helpful to the courts il
editors of learning and character would
in a dignified and intelligent manner
| discuss the rulings of the courts, wheth-
er by commentator or whether by add
verse criticism.
| These statements were made in pa
per by Smith MCPHERSON which was
read before the National Press associa-
ton yesterday. Judge Mcpherson did
not attend the meeting of the associa-
| ton. In his paper which was entitled
Liberty of the 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 vitupera-
believe by the intelligent of the public.
icism is of a great aid to the courts, as
well as educators of the public. Criti-
eism at random tends to make a judge
careless. Criticism OF newspapers
should be of kind, and none other,
than the editor would use in converse
ton with the Judge. Then there would
be no bitterness, but useful exchange
of views. And with such criticism,
progress will be made, because such crit
icism is within the limits of freedom of
the press and not mere license for
which there is no remedy and no result
ing good. Let editors and writer's be gen.
tlemanly towards the judges. And let
judges have due regard to the freedom
of the press. The public viii then be
the beneficiaries.
In the beginning of his paper Judge
Mcpherson said he wished the relation
ship between the courts and the press
were more fair and sincere than it is.
"The freedom OF the press is one of
the institutions of sIlis country, and as
such will ever exist, and rightly So" he |
continued. "And no one believes in this |
more than do the courts. 1t was but |
recently that the courts righteously, |
against terrific pressure, prevented the
dragging OF editors. one of them nearly |
a thousand miles, to make answer to an
alleged libel. One recital in the Declare
ton of Independence against England
was to the effect that Americans were
,arried beyond seas for trials. When a
,ourt in Washington city, backed by
strong pressure and great power, sought
% drag New York City and an Indian
lpolis editor to Washington city, be-
'ause of editorials with reference to the
Panama canal, it was the courts that
stamped il as an outrage. and decreed
hat such oppression could not exist in
free country. The literature found in |
he published reports of the courts show !
hat the newspapers, their editors and '
will not plead in vain for
by the courts. This protec- |
ion will be given because it is just that !
t should be so. And the courts should |
e fairly considered by the press. c
Outlaws of the Press.
"In speaking of the press, ! have but !,
tile to say about the scandalmongers i
nd the so-called yellow journals. They
re outlaws. and are entirely beyond the h
ale of respect by the courts and decent =
tizens generally. We judges have no !,
smedy as against them. 1t is idle to n
Tx about bringing actions. either civil
criminal, for libel because such ac- =,
ons are expensive and usually lu- t,
crous. If not farcical. Most newspa :,
ars like most men. are sincere as to 8,
leir utterances. Their unfair criticisms !,
me from lack of information. They
e too impatient to strike. l.
'In speaking of the relations that do,
ought to. exist between the newspa
RS and the courts, there are a number
fundamental errors, which, like cob
chs, should be brushed away. One of
ese errors is in the fact that a great
any of the judges seemingly believe
at because they wear the robes of
Rce. they are and should be beyond
iticism. That is fallacy. | believe as
uch as does anyone in maintaining the r,
gnity of the courts and that the peo- v
E should have respect for the courts.
It a Judge must command respect in
me other way than by making this
gument. He cannot command respect
becoming recluse, nor by wearing
silk hat or a morning frock coat, or
white tie. or by speaking in cultural fu
hes of voice" yo
Speakers Idea Of Judge. n,
Judge Mcpherson then gave in detail gr
ideas of a Judge. told how they are be
netimes criticized. and continued: To-
very time a Judge holds city ordi- yo
nee or a state statute void. excitement be
lows. and the head OF the judge is isl
handed for the basket. We are ac-
,ed of making laws; We are accused m
legislating; We are accused Of having
respect for the city councils or legis- 70
ures n We judges are wrong in tIs
Is holding city ordinances or statutes "a
be void. the press ought 10 show the bo
pile where We are wrong q
Instead Of berating the judge as being
-. srarfnst. nv reiatad 70 the