New-York tribune., 1918-06-11
US. Supreme Court
Cur b s Newspaper
Comment on Cases
Upholds Judgment Against
Publisher and Editor of
"Toledo News-Bee"

WASHINGTON, June 1o.-Federal
court DEGREES prohibiting newspapers
from publishing articles held to en-
barrass the administration of justice,
although not acts committed within
the presence of the courts, We're sus-
tanned to-day by the Supreme Court in
upholding judgment against the To-
ledo Newspaper Company, publisher,
and N. D. Cochran, editor in chief, of
"The Toledo (Ohio) News Bee," for
contempt of court.
The proceeding grew out of an arti-
Gle and cartoon published in connec-
tion with the street railway franchise
fight in 1914, while suit was pending
before Federal Judge Killits to enjoin
Toledo city officials from enforcing an
ordinance for a three-cent streetcar
fare. The court held that while not
ence the newspapers publications were
$50 near the presence of the court"
that they constituted contempt by en-
barrassing him in the case pending.
Justices Holmes and Brandeis dis
sented. Justices Day and Clarke, both
of Ohio, took no part in the decision.
Subject to Restraint
Chief Justice White rendered the
opinion. Taking up the contention of
the defendants that the act author
izing courts to punish for contempt
was inapplicable because the publica-
tions complained of related to mat
ter of public concern and were safe
guarded by the secured freedom of the
press, he said:
eve might we'll pass the proposition
by, because to state it is to answer 1T,
since it involves in its very statement
the contention that the freedom of the
impunity and implies the right to frus-
trate and defeat the discharge of those
governmental duties upon the perform
ance of which the freedom of all, in
including that of the press, depends.
"The safeguarding and fruition Of
free and constitutional institutions is
the very basis and mainstay upon
which the freedom of the press rests,
and that freedom therefore does not
virtually to destroy such institutions.
at suffices to say that however COM
plete is the right of the press to state
public things and discuss them, that
right, as every other right enjoyed in
human society, is subject to the re-
straints which separate right from
wrong.
"Again, it is said there is no good
proof the mind of the judge was in
fluenced or his purpose to do his duty
obstructed or restrained by the pub
lications. and therefore there was no
proof tending to show the wrong com
planned of. But here again not the in
f1uence upon the mind of the particular
Judge is the criterion. but the reason
able tendency of the acts done to in
fuence or bring about the baleful re-
suit is the test"
Justice Holmes Dissents
Declaring it contrary to practices in
this country and our ways Of thinking
"for the same person to be accuser and
sole Judge in a matter which, if he be
sensitive, may involve strong personal
feeling" Justice Holmes in dissenting
opinion declared he was unable "to find
anything that obstructed the admins
tration of justice in any sense" in this
case. He added he believed it impos-
sible "to believe that such judge
could have found in anything that was
printed even tendency to prevent his
performing his sworn duty"