The Washington times., 1918-06-13
NEWMEEICO PRESS
GAG CASE ARGUED
ON UNIQUE LINES

| SANTE FE, New Mexico, June IL
Attorney General Harry L. Patton
before the State Supreme Court late
yesterday. took the surprising posi-
ton that a publication disclosing. the
political affiliations Of a judge with
a State political boss and stating
that he was a close personal friend
OF the boss constituted libel on the
judge.
such an offense. Patton commended,
/ is an interference with the courts OF
| justice which is properly punishable
| as a contempt Of court.
Argue On Appeal
This statement came at the con-
clusion of a days argument on the
sppeaI Of E. Dana johnson, editor OF
the Sante Fe New Mexican, from a
conviction Of contempt OF court OF
District Judge NJ. c. Mechem, Of So
zorro. New Mexico. Johnson was
sentenced on September last TO serve
thirty days in Jail.
There is no intimation as to when
a decision will be had from the Su-
preme Court In the meantime the II
Attorney General has been granted
twenty days in which to hle an addi-
tionAl brief in the case.
States EdItOr-s Position.
Herbert D. Mason. Of counsel for
the editor. took the position that:
Newspaper criticism cannot be
gagged by the fling of a lawsuit
based upon some feature Of the critI-
cism after which the editor can be
punished for contempt of court II he
does not discontinue his criticism.
II this could be DONE" Mason de-
clared' I'VE should then have found
here more drastically effective way
of gagging the press than any ever
before conceived by any government
IF modern times"
The argument developed the fact
hat the New Mexican had for years
been attacking the action Of a poIiti-
al coterie in the State and that It
lad been sued for libel in connection
Vlth a statement made in the course
If one Of the attacks.
Signals IN Court.
During the trial OF the libel suit
attorney was charged with
Iignaling to his client while the client
vas on the witness stand. Disbar-
nent proceedings resulted. and the
ttorney was s&onerated largely
trough the trial Judges efforts.
The New Mexican continued its at
ack, charging that the exoneratien
4 the attorney was another evidence
4 the political eoterie'S influence in
he State.
The trial Judge held that the edI-
or's attack was a continuation Of his
ampaign Of criticism and held that
e was in contempt because libel pro-
ceilings were pending against him.
The editor took the position that III
udge Mechem's act in coming to the
ssistance Of the attorney charged
nth wig-wagging in court was an
Ct as a private citizen, and there
ore no publication concerning II
ould constitute contempt since It
i'd not refer to an official act Of the
curt
Lacks PrivateerinE RIEhts.
On this point Attorney Mason said
hat "a certificate OF election does not
i've a judge general letters OF
iarQue and reprisal authorizing him
D enter upon a course OF privateer-
lg without regard to the rights OF
rivate citizens" -
Judge Mechem struck this defense
ut and sentenced the editor to thirty
avs in Jail for contempt An appeal
as then taken.
Attorney Mason declared that "un-
er holding OF the court a newspa-
er which has been conducting a
lmpaign against vice and corrup-
on must discontinue its criticism
soon as a suit is filed, either well
in-founded. based upon the
larges made in the course Of the
ewspsper campaign"
The court held that so long as the
bel proceedings were pending, the
swspaper could not reopen its cam
IGN OF criticism without being in
'ntempt OF court II would only be
7cessary for an official or private
dividual offended to file a libel suit
stop unfavorable publication to
rever gag that newspaper. Once
ed. the suit could hang over the
,wspsper indefinitely
h c. Bursum. the political leader
-ainst whom the New Mexican has
rectod its attack. has long been
ose personal friend OF Judge Ne
EN-. II is charged. and the faction
controls is regarded as holding the
lance of power in State poIItira