The daily sentinel., 1913-06-19
FLAYS
CONTEMPT
RULINGS
In a Paper Read Before Editors
JuTlSt Says Dignity Cannot
Be Maintained by Fines.

Colorado Springs. June 19-''No
Judge has ever yet maintained his
dignity and never will by bringing an
5ditor before the court and furnishing
him because Of animated versions
made through the columns of the
newspaper.
1t 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 communication or
whether by adverse criticism"
These statements were made in
paper by Smith Mcpherson, United
States District Iudge, southern dis
trict of Ohio, which was read before
the National Press association today.
Judge Mcpherson did not attend the
meetings Of the association. In his
paper, which was ntitled Liberty of
the Press" he discus,-d d in a general
way, the relations that should exist
between the courts and newspapers.
Intelligent criticism IS invited,
said Judge Mcpherson Slang and
vituperauOn are despised by the
Judge, and as ] believe by the intelli-
gent of the public Substantial and
honest and matured criticism is of
great aid 10 the courts, as well as
educators Of The public. 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.
hut useful Exchange of views. And
with such criticism, progress will be
made, because such criticism is with
in The limits of freedom of the
press" and not a mere license for
- Vs.rl, l.
sulting good. Let editors and writ
ers be gentlemanly towards the judge
And let judges have a due regard to
the FIRE dom of the press. The pub
Tic Wilt then be he-isenefieiaries.'
In the beginning of his paper.
Judge Mcpherson said he wished the
press were more fair and sincere
than it is.
In speaking of the press. l have
but little TO say about the scandal
mongers and the so-called yellow
Journalists They are outlaws, and
are entirely beyond the pale of re-
spect by the courts and decent citi-
zens generally. We judges have no
remedy as against them. 1t is idle
to talk about bringing actions. either
civil or criminal for libel, because
zIch actions are expensive. and us
udllS IuulNlbub II not llbSl
newspapers, like mcst men, are sin
ccre as to their utterances Their
unfair criticisms come from back OF
information. They are too impatient
to strike.
In speaking of the relations that
do, or ought to sXist between the
newspapers and the courts, there are
number of fundam sntal errors,
which. like Cobwebs. should be brush
ed away. One of these errors is in
the fact that a great many of the
Judges seemingly believe that be-
cause they wear the robes of office,
they are and should be beyond criti-
cism. That is fallacy. / believe as
much as does anyone in maintaining
the dignity of the courts and that
the people should have respect for
the courts. But judge must COM
mand respect in some other way than
by making this argument. He can
not command respect by becoming a
recluse, nor bv wearing a silk hat
or morning frock coat, or a white
tie, or by speaking in cultural tones
Of voice
The one weakness of the news
papers lies In the fact that too many
newspapers predetermine fixed pol
icy of such paper. and determine in
advance whether the holding of the
courts, if one way or the other. shall
ta commended or disapproved, and
then the matter is taken up by some
editorial writer whose name is not
known to the public.
"In speaking of courts, in the main
| have referred TO the United States
courts. There are other abuses
which. If fully exposed would result
for the better"
In this connection. Judge McPher-
son spoke of the treatment of jurors
and favored greater liberty for them.
He said there should be no greater
occasion for having detectives follow
Jurors than to follow judges.