The Washington times., 1918-06-11
DECISION
GAGGINGPRESSIS
ISSUE ON APPEAL

SANTA FE, N. N, June 1.-THE
supreme court Of New Mexico has
under consideration today an sp-
peal from a decision Of con-
tempt of court which Is expected
to develop a principle OF the utmost
Importance to the freedom OF the
press. Under the decision against
which appeal is being made, a payer
which is conducting a campaign
against political or other corruption
Guild be compelled to abandon such
campaign upon the filing Of a libel
suit based upon any phase OF It; since
under the ruling such a suit, even II
no action were ever taken after the
mere filing, would constitute q pend
ing legal action upon which any ref
erence TO the general situation might
be construed as comment.
The finding in question was made
on September 10 last, when Judge
Merritt c. Mechem, OF the Seventh
judicial district Of New Mexico, SEN
fenced E. Dana Johnson, editor Of the
Santa Fe New Mexican, to thirty days
in jail At the same time the New
Mexican Printing Company, owner
and publisher of the paper, was found
guilty OF contempt, but was not sen
fenced: and the Judge refused to try
the case against Col. Bronson NJ. Cut
ting, president Of the company, al
though his counsel asker for immedi-
ate trial
NOn-OnIcIaI Acts.
The matter on which Judge Me-
chants decision was based related
to criticism of his nonofrciaI acts in
aV-kaW
ceeding and following upon a libel
suit against The New Mexican. The
attempt Of Judge Z R Wright. counsel
for the defense. to present an answer
denying intent to discredit the court
or influence the course Of Justice was
met by Judge Mechem with a sug-
gestion with a suggestion that this
should be withdrawn, and when coun-
sci refused to do so Judge Mechem
fined him $50 for contempt Of court
in presenting this as his defense.
saying: 81 will rule in this case so
that there won't be any misunder-
standing that what they believed,
what they thought, what they consid-
cred the truth to be is not a defense"
More closely touching the question
Of freedom OF the press, however, is
the ground for the courts ruling that
puuAAIaAAOA Va NAA0 ~ NA~A0 AeANAA NN
to might influence the course OF JUS
tice in a pending legal action. AS
outlined by Herbert d. Mason. coun-
sci for Colonel Cutting, the situation
was as follows:
Criminal and Civil Actions
For some time previous to the
publication of the article which
Judge Mechem regarded as contempt
uous, late in March, 1917. The New
Mexican had been conducting a cam
paiEn agaist H. e. Bursum, a power
full political leader in the State, with
whom Judge Mechem had been as
sociated in business and politics. In |
the course OF one OF its articles IL |
made incidental reference to an in |
cident in the past career OF Henry |
Dreyfus, one Of Bursum's lieuten- |
ants, which was made the ground |
for indictments for criminal libel |
against the New Mexican Printing |
Company, Colonel Cutting, and Mr.. |
Johnson. At the same time Dreyfus |
filed a civil suit against the paper.
The cases were all transferred !
from SocorrO county to Valencia |
on February IS, 1917. and |
nothing has since been done with re-
gard to the criminal cases. The |
civil suit was tried and resulted in |
a verdict against the company. Mr.. |
,r.-on ,lIauaa that auaD In TaIaprf, Il