The Hawaiian gazette., 1917-07-17

No Press Muzzle

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w arecent and what Seems : to US an unusually
bold case III Tie effSorttssa occasionally made by
courts to punish men for contempt other than con-
tempt committed in the presence OF the court No
body denies the right Of Judge to visit summary
punishment for contempt committed within the
court room. Such right is necessary to insure
orderly judicial procedure But when the alleged
contempt occurred outside Of the presence Of the
court there AS M reason why the judge should be
at one and the same time prosecutor, judge, and
jury. Gases OF this kind have occurred more or
less recently in Ohio and Colorado
later case occurs in New Mexico. A news
paper, the New Mexican, published at Santa Fe,
became involved in libel suit in the course of its
opposition the local political machine The case
was tried before Judge Merritt c. Mechem. During
the trial of the plaintiffs attorneys it was al
legged sgnaled to the plaintiff on the witness stand
in the course Of his examination and suggested by
signals negative or affirmative answers to ques-
tons put by the newspapers attorneys. Reputable
persons testified that they had witnessed this per-
Torrance. and the attention of the Judge was
drawn to il in open court. He refused to take any
action, on the ground that he had not himself seen
the signaling. and that it was matter for another
tribunal -.
Later, charges were filed with the State Board of
Bar Examiners against the lawyer, and Judge
Mechem came to the rescue of the accused in a
strong statement sworn to before United States
commissioner, about whose right to swear a per-
son under these circumstances there is now some
question: The New Mexican charged that the
statements in this alleged affidavit were directly
contrary to the judges statements at the time of
the alleged signaling in the court ROOM and rather
severely criticized him as witness The Judge
has cited Colonel Bronson NJ Cutting president
of the newspaper corporation, E. Dana Johnson,
its editor and Francis C. Wilson, its attorney be-
fore him for contempt. He will, if the usual pro-
ceedngs iii such cases followed, hear the evil
dence, il he allows any evidence, will sit in judge
mont III his own case, and will render verdict Ii
may he jail sentence, and the sentence may be
indefinite. re ,1s. n 3 'a..4e. - ~ sia n
We call attention to these facts because it is an
other example Of attempted terrorization of the
press on the part of the judiciary which, in our
judgement, ought to be stopped. If the press can
not criticize judge the same as any other public
officer, the press will be rendered silent There is
no reason inherent in the nature of Judges func-
tons which should give to him, as against ofenses
committed outside the presence Of the court. any
remedy other than the remedy open to every clhtr
public officer There is something essentially alb
horrsnt in any one man being at one and the same
time in the position Of prosecutor jury and Judge
Dor The man who makes an accusation to have also
unqualified power to try the case and name the
punishment is SO contrary to the American idea of
law to say nothing Of fair play that it can be con-
coded only under the most restricted circum-
stanIes. .atr. ,st XIII