Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1913-06-19
UNITED STATES DISTRICT JUDGE
HOLDS THEY HAVE RIGHT TO
CRITICIZE COURTS.
DleNIFiED AND INTELLIGENT
DISCUSSION Is HELPFUL
MePhsrson Says Freedom Of Press i.
Thoroughly Rsoosnixsd-Has No Pa
tisnee With Scandal Menssrs and
"YsIlow" JeurnaIs-Dutiss Of Courts
Defined Before Publishers.

dignity and never will by bringing an
editor before the court and punishing
him because of animadversions made
thru the columns Of the newspaper.
1T would be helpful to the courts If
editors Of learning and character would
| in . dignitied and intelligent manner
discuss the rulings Of. the courts.
| whether by commentator or whether
by advance criticisms."
These statements were made in a
paper by Smith Mcpherson, United
States district judge. southern district
OF Iowa. which was read before the
National Press Association today.
Judge Mcpherson did not attend the
meetings Of the association. In his pa
per. which was entitled Liberty of the
Press" he discussed in a general way,
the relations that should exist be-
tween the courts and newspapers.
Intelligent Criticism Invited.
Intelligent criticism is invited" said
Judge Mcpherson. Slang and vituper-
alton are despised by the judge. and
as believe by the intelligent Of the
public. Substantial and honest and
matured criticism is OF q great aid TO
the courts, as well as educators Of the
public. Criticism at random tends to
make a judge careless. Criticism OF
newspapers should be Of q kind, and
none other, than the editor would use
in conversation with the judge. Then
there would be no bitterness. but Q
useful exchange of views. And with
such criticism. progress will be made.
because such criticism is within the
limits Of freedom of tho press and not
q mere license for which there Ii no
remedy. and no resulting good. Let
editors and writer's be gentlemanly to-
wards the judges. And let judges have
due regard to the freedom OF the
press. The public viii then be the ben
edciaries."
Freedom Of Prsss Established.
In the beginning of his paper. Judge
Mcpherson said he wished the rela-
tionship between the courts and the
press was more fair and sincere than
it is.
The freedom Of tho press Is one Of
the institutions of this country, and
as such will ever exist. and rightly So"
he continued. "And no one believes in
this more than do the courts. It was
but recently that the courts righteous
ly. against tariff pressure, prevented
the dragging Of editors. one OF them
nearly a thousand miles, to make
answer to an alleged libel. One 1ecitai
in the declaration Of independence
against England, was to the effect that
Americans were carried beyond seas
for trial. When court in Washington
City. backed by strong pressure and
great power, sought to drag a New
York City and an Indianapolis editor
to Washington city, because Of edi-
torials with reference to the Panama
canal, 1t was the courts that stamped
1t as an outrage. and decreed 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 edi-
tors and publishers. will not plead In
vain for protection by the courts. This
protection will be given because 1t is
Just that it should be SO. And tho
courts should be fairly considered by
the press.
"In speaking Of the press, have but
little to say about the scandal mongers
and the so-called yellow Journalists
They are outlaws. and are entirely be-
yond the pale Of respect by the courts
and decent citizens generally. We
judges have no remedy as against
them. It is idle to talk about bringing
actions. either civil or criminal. for Ii
BEL because such actions are expen-
sive. and usually ludicrous If not far
cical. Most newspapers, like most men.
are sincere as to their utterances.
Their unfair criticisms come from lack
Of information. They are too impatient
to strike.
Wrong Attitude Of Courts.
TN speaking Of the relations that
do, or ought to, exist between tho
newspapers and the courts. there are
number Of fundamental errors, which.
like cobwebs, should be brushed away.
One Of these errors is In the fact that
. great many Of the judges seemingly
believe that because they wear the
robes Of office. they are and should be
beyond criticism. That Is fallacy. {
believe ~ much ~ does anyone In
maintaining the dignity Of the courts
and that the people should have re-
spect for the courts. But q Judge must
command respect in some other way
than by making this argument. He can
not command respect by becoming .
recluse. nor by wearing . silk hat or q
morning frock coat or . white tie, or
by speaking in cultural tones OF voice.
Judsss UnjustIy Criticized.
Judge McPherson then gave In de-
tail his ideas of q Judge. told how they
are sometimes criticized. and contin-
ued: EVERY time = judge hoiiis q city
ordinance or q state statute void, ex-
citement follows, and the head Of the
Judge IN demanded fer the ba sket We