The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1913-06-19
Federal Judge Mcpherson Pre-
pares Paper on Subject.
COURTS WIFI ZONE CRITICISM
Honest and Tempered Com.
ment of Decisions Aids.
Must Have Real Dignity to
Command Respect.

Colorado Springs. Colo, June 10
mo Judge has ever yet maintained
his dignity and never will by bring
ing an editor before the court and
furnishing him because of animadver-
sions made through the columns of
the newspaper.
"It would be helpful to the courts
if editors of learning and character
would in a dignified and intelligent
manner discuss the rulings of the
courts, whether by commendation or
whether by adverse criticism"
These statements were made in a
paper by Smith Mcpherson, United
States district judge, Southern district
of Ohio. 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 a gem
eral way the relations that should
exist between the courts and news
papers.
Invite Criticism.
Intelligent criticism is invited
said Judge Mcpherson. "Slang and
vituperation are despised by the
judge, and as I believe, by the intelli-
gent of the public. Substantial and
honest and matured criticism is of a
great aid to the courts, as well as
educators of the public Criticism at
random tends to make a judge care
less Criticism of newspapers should
be of a 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 views. And with such criticism.
progress will be made, because such
criticism is within the limits of free
dom of the press and not a mere Ii
cense for which there Is no remedy,
and no resulting good. Let editors
and writer's be gentlemanly towards
the judges. And let judges have a
press. The public will 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.
Courts Protect Editor.
1.-The freedom of the press is one
of the institutions of this country, and
as such will ever exist, and rightly
so," he continued. "And no one be-
lieves 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 thousand miles, to
make answer to an alleged libel. One
recital in the declaration of fndepend-
ence against England was to the ef-
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 In
dianapolis editor to Washington City,
because of editorials with reference
to the Panama canal 1t was the
courts that stamped it as an out
rage, and decreed that such oppres-
sion could not exist in a free coun-
try. The literature found in the pub
lished reports of the courts show that
the newspapers, their editors and pub
fishers will not plead in vain for pro-
lection by the courts. This protection
will be given because 1t is just that
1t should be SO. And the courts
should be fairly considered by the
press.
yellow Journals Denounced.
I'm speaking of the press, have but
little to say about the scandaLnongers
and the socalled yellow Journals
They are outlaws, and are entirely
beyond the pale of respect by the courts
and decent citizens generally. We
judges have no remedy as against
them. 1t is idle to talk about bringing
actions, either civil or criminal for
libel, because such actions are expen-
sive, and usually ludicrous If not farci-