The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1919-08-02
Editorial in Memphis Press
Hit At ALI Politicians and
Mentioned No Specific
Persons.
most UNIQUE FREE
SPEECH FIGHT KNOWN
Newspaper Man Refused
Chance to Escape Prison
BY Apologising IF o r
Done"


Memphis, Tenn, August 1-E. T..
Leech, editor of the Memphis Press. is
going to Jail Monday. August 4. for
ten days.
judge has found him guilty OF
contempt of court
This follows what lawyers call one
of the most unique free speech fights in
recent years.
Leech wrote an editorial year ago.
in which no judge was named and no
specific case mentioned.
The editorial was a general attack on
political and judicial corruption. 1t
was written during q political cam
paign.
The Judge who took exceptions to 1t
was a candidate for reelection.
The chief evidence in the trial was
the editorial-which was one of a
series printed during the campaign
was published the day following a
decision in a political suit by Chan
cellor Israel Peres, and that technical
ly the suit was still pending because
the time limit for asking a rehearinz
had not expired. though the actual
ruling had been given. Chancellor
Peres had granted an injunction re-
straining the state election commits
sion from removing . county election
commissioners previously dismissed on
charges OF misconduct in office.
Leech fought the case on the ground
tffet thf edffeEje1 RensfAl Az.
that II was not in contempt because
II referred to no particular person OF
case. that he wrote q bitter arraign-
ment OF corrupt politics i'm order 10
influence an election: and that, even
II he had referred to Judge Peres, ne
would not have been in contempt De-
cause the latter was candidate In
the coming election
The case was brought i'm Peras' court
ana transferred by him to the court
OF q fellow chancellor.
| Accusation Based on One Sentences.
The case was chiefly based on one
sentence. which declared: ''Even the
courts have been brought into disre-
nute. and judges have abandoned the
principles of loyalty and integrity have
made a farce Of the Law they were
/ to enforce, have dragged their own
courts into the mire, have turned trai-
tors to their friends and supporters
and enemies to the principles tney pro
fessed. because politicians have iaid
their. hands on them and forceo them
to do their bidding
In support Of this charge. Leech.
IN his brief to the court. cited the fact
that since the last general election the
| iudpe Of the criminal court of Memphis
had been impeached and removed by
ltbe state legislature for corrupt prac-
tees. -,
| The case was tried without jury
tTeech was found guilty ard ~iven the
4 ma xtmum penalty-10 days ana
| a fine of $50. Sentence was pre- 60
bv chancellor F. H. Heiskell. ne
,.r,,,r+ ~ anpeals sustained the case
tbe s,,nreme court refused a petition
to hear it.
Ieecb spurns Freedom With Apology
As Price.
i Following this final decision Ieecf
| was offered the opportunity to Sc
cure a suspension of sentence II ns
would file in court written apology
or retraction- He refused. on tns
ground that he could not apologize io'
soy,etbinr he had not admitted doing
lin a published statement ne also -
fr.ed TO allow friends to solicit par
don. from the governor.
The decision is of legal Importance
because il Is perhaps the only ons
IN American law holding that a news
naner publication. containing no nane'
or references to any case. can be con-
sfrued. by the aid of innueno, TO ne -
contempt of a Judge standing pefors
the people as a candidate Tor re-eiec'
tion.
The Editorial.
Il Right will ultimately triumph
Memphis. Whether 1t is in this eiec'
ffon or the next one, or even IN a stii
later one. the PRINCIPLES OF decency
Isberty and justice. for which we ~
firhtinx in Europe, will also wiz II
this city. -
The divine right IT the Boss. :as
las the divine right of kings Is passins
lawav rapidly The reacrion IN Mem
NH. has been tremendous. The vita
issues which have been raised In IN
tcampaisn win not die. but viii 90 o.
and on. and grow in force until finaii'
; .hey win triumph.
q waste. inesficiency. indecency. cor
iruption. lawlessness and autocracy ma
} flourish in any city. but they carno
: flourish forever.
J The politicians have had long da'
Continued ON Pare Three.