El Paso herald. (El Paso, Tex.) 1901-1931, 1913-06-19

made through the columns Of the
newspaper
1T would be helpful to the courts
if editors of learning and character
would in a diSnified and intelligent
manner discuss the rulings of the
courts, whether by communication or
whether by adverse criticism"
These statements were made in
paper by Smith Mcpherson. United
States district judge, Southern district
of ONO, which was read before the
National Press association today.
Judge Mcpherson did not attend the
meeting of the association In his
paper, which was entitled Liberty OF
the Press" he discussed in q general
way, the relations that should exist
between the courts and newspapers
Criticism an Aid 20 Courts
Intelligent criticism is invited"
said judge Mcpherson. Slang and
yituperatIOn are desplsed by the judge,
and as I believe by the Intelligent of
the public Substantial and honest
and matured criticism Is of a great aid
the public. Criticism at random tends
to make a Judge careless Criticism
Of newspapers should be of 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 --eWS- Ana with
such criticism progress will be made,
because such criticism is within the
limits Of freedom of the press and
not q mere license for which there is
no remedy. and no resulting good Let
editors and writer's be genulemanly
towards the judges. and let judges
have a due regard to the freedom of
the press The public "iu then be
the beneficiaries."
In the beginning of his paper, judge
Mcpherson said he wished the rela-
tionship between the courts and the
press were more fair and sincere than
it is.
Freedom Of Press.
'The freedom of the press is one of
as such viii ever exist. and rightly
So" he continued. And no one be-
lieves in this more than do the courts.
It 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 declaration Of indepen-
dence against England, was to the eff
feet that Americans were carried be-
yOnd seas for trial When a court in
Washington city, backed by strong
pressure and great power, sought TO
drag a New York city and an Indian
apOIS editor to Washington CITY be-
cause Of editorials with reference to
the Panama canal, it was the courts
that stamped II as an outrage, and de-
creed that such oppression could not
exist in a free country The literature
found in the published reports Of the
courts show that the newspapers,
their editors and publishers viii not
plead in vain for protection by the
courts. This protection viii be given
because 1t is just that it should be so.
And the courts should be freely con-
sidered by the press
Yellow Journals Scored.
an speaking of the press, have
but little to say about the scandal
mOngers and the sOcaIIed yellow
journals They are outlaws, and are
entirely beyond the pale Of respect by
the courts and decent citizens gener-
ally. We judges have no remedy as
against them. 1t is idle to talk about
bringing actions, either civil or Grim
inal, for libel, because such actions
are expensive, and usually ludicrOUs If Z
not farcicaL Most newspapers, like
most men, are sincere as to their ut {
terances. Their unfair criticisms come
from lack Of information. They are {
too impatient to strike
Judge Mcpherson said the better :
class Of newspapers and magazines of {
the country are often Of great aid to ;
the courts in bringing about desired Z
reforms and court procedure.
Continuing. he declared that there Z
are too many receiverships, with at I
tOrneys for the complaining party di- 1
recting the officers.
The newspapers" he said. "as yet
with few exceptions, do not seem to I
have grasped this evil, real or sup I
posed sometimes IL is q real evil and /
4-Lle Tines AZ - Only a supposed evil
but generally subjecting the courts to /
q harmful criticism If this matter ]
were given greater publicity and the i
reasons for and against receivers. the \
result would be for the public good, as 1
well as for the good of interested /
parties
The one weakness Of the news 4
papers lies in the fact that too many 4
newspapers predetermine a fixed pol i
icy Of such paper. and determine in ]
advance whether the holding of the 1
courts, If one way or the other, shall /
be commended or disapproved, and
then the matter is taken up by some /
writer whose name is not
known to the public"