Perth Amboy evening news., 1919-08-06
CONTEMPT OF COURT

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runt nolitical ring. 1t is one of the worst boss-ridden cities IN
the United States. Two of the newspapers of Memphis are
fighting for honest government. The man who has just started
a ten day sentence in Jail for contempt of court is the editor OF
one of them.
This editor wrote an editorial about a year ago attacking
corrunt notifies in general and particularly the brand OF poll
Ties that is casting a blight over Memphis. The edltorlai
mentioned no names. neither did it refer to any particular
case hut If did saw that Judges had been bought and that men
in high places had sold their honor to perpetrate the infamous
rnle over Memphis of a political plunderbund as sordid as ever
tbrottled an American city. What he said was true. only
two wears before a Tennessee judge had been removed follow
Ing . statewide scandal centering in that judges court.
II seems that the editorial which so offended the Judge
who sent the editor to jail was published shortly after that
same iudQe had, in a court decision, upheld the election OF one
Of the gangs political pawns although the state election COM
mission had ordered his removal.
Although no names were mentioned by the editor in his
editorial and no particular case was referred to, the judge who
had recently decided in favor of the gangs candidate felt that
the editorial was aimed at him. The shoe must have pnched
pretty hard.
At any rate the editor was hailed into court on the charge
of contempt and found guilty, an associate judge deciding the
case without a Jury. An appeal to a higher court was refused.
Later the opportunity was given the editor to publicly apollo
rize instead Of going to Jail. But the editor maintained that
he could not apologize when he claimed to be innocent of the
charge against him.
He began his Jail term on Monday. He was escorted to
the jail by a brass band and a procession of sympathetic chi-
zens. There was speech-making as he entered the portals OF
~the-iail and he was promised an even greater demonstration
upon his release.
Now the question arises, are not these people who
marched in the procession and cheered the editor, thereby ex-
pressing their approval of what he had done, equally in con-
a.-.-4o C..o1r lo, bouod HOW dafapce of tha court What
is the Judge going to do abouti is? Perhaps he is thinking hard
incidentally, it would not be surprising if the downfall
Of the political ring that has ruled Memphis so long and SO cor
ruptly will be dated from the time that that editor entered the
Jail. 1t often takes just such an incident to arouse a COM
munity to action.
1t is further interesting to note that this same judge who
became offended at the editorial and who sent the editor to
jail. was at that time a candidate for reelection. Here again
the danger Of the abuse of the contempt proceeding is illus
3rated. Here was a candidate for office, yet he must not be
criticized because he is a judge and has the power to send his
critics to Jail for daring to offend him. Perhaps his action
toward the editor was to serve as a warning to all others at the
outset of the campaign that hi. judicial acts must be let alone
whether there is ground for criticism or not. 1t is as If the
power of the court were being used for intimidation purposes
in an effort to perpetrate corrupt politics in a municipality.
But this contempt proceedings in Memphis only empha-
sizes a phase of our government that is fraught with the great
est of danger to our constitutional liberties. Editors are not
the only ones liable to be thus punished. Any person who might
happen to say something not to the liking of a judge is liable
to be hailed before his august parsonage for contempt. Con
sempt seems to be almost anything that a judge may not like.
1t is all well enough to insist upon proper respect for the
sourts, but if the court is to command respect it must have men
ON the bench worthy of respect. The dignity of the court must
De upheld, to be sure, but in order to uphold it there must be
3en on the bench who make the position dignifed.
A striking instance Of political domination Of the courts
is found close by in New York where, because Tammany has
found a man for supreme court justice who will be of more
service to that organization than Justice N~ewberger, Tammany
has refused Newburger a denomination. Other justices who
have displeased Tammany In some of their decisions are
warned that they may expect to be retired.
How can the courts, under such circumstances, command
the respect of the people? Yet when the people, through the
press or otherwise, dare criticize the court they are in danger
OF being hailed before the judge who feels offended, charged
with contempt.
It will be a sorry day, indeed, when the American people