The sun. [volume] (New York [N.Y.]) 1916-1920, 1919-10-10
MAYER DISCIpLINES
RECREANT LAWYER
Furnishes Markewich With
Publicity, Instead of Jail or
Fine, for Contempt.
DEFENDANT IS C0NTRITE
Judge Warns Others Of Respect
Bar Owes Bench in Pass
ing Sentence.

Publicity rather than Jail or the pay
ment of a fine was chosen yesterday by
Judge Mayer In the Federal District
Court as the best fundamentally for
Furnishing Samuel Markewich, one OF Dis
trict Attorney SWANS assistants for con-
tempt of court Thus Markewich will
pay his penalty for recommending nooses
for Judges, and thus will others who hold
the courts lightly be warned.
In his decision Judge Mayer spoke
rather to offenders in general than 10
Markewich In particular. although he
asserted that infiammatory remarks such
as those OF Markewich at an East Side
mass meeting last September can
neither be justified nor excused"
The District Attorney was instructed
to transmit to the New York Bar Asso-
citation and to the New York County
Lawyers Association a record of the en-
tire proceedings which permanently
contain the record of his CMarkewich's)
wrongful conduct-an eversunhappy re-
minder" 1t was a week ago to-day that
Markewich appeared in court and apollo
gized abjectly, retracted his contemptu-
Gus speech and begged the court to take
into consideration that the following
day was the Jewish Day of Atonement.
The court does not entertain any
doubt as to the sincerity Of defendant in
his apology" Judge Mayer said, and m
his desire to make amends for his wrong
full conduct. Such utterances, opposed
to good citizenship and to the calling
and training of a member OF the bar,
can only be accounted for in this case
by the Intoxicating effect which public
meetings have on some speakers.
There are those who in search of
popularity find 1t easier to say what is
false than to speak the truth. The con-
duct of defendant apparently was not
deliberately planned, but misstatements
of facts and so gross an appeal to pas
sion inviting disrespect for the court,
however impulsively INDUCED In, can
neither be justified nor excused, nor docs
the defendant seek 10 do 70.
In determining the disposition OF de-
PENDANTS plea of guilty. it is desirable
to state some fundamental and simple
principles
Courts are mot concerned In per
sonal way with unjust reflections upon
judicial action, but. TO preserve respect
for law and order. courts must at all
times vindicate their dignity. however
unpleasant tho particular task may Be
Full and fair criticism of couTts
and their decisions is a right consistent
with that freedom which our form OF
Government has secured, but false and
courts and their decisions, calculated to
swerve courts from their duty or to de-
ceive and mislead the uniformed. strike
at the very foundations OF orderly gov
eminent and must not be tolerated
vital Principles Involved.
THE case at bar is not without value
for TIE opportunity 1t gives or restating
vital and settled principles. adhered TO
In thought and action by those who be-
lieYe in and respect n constitutional gov
eminent founded on law and order.
When dealing with .particuIar de-
PENDANT, however, the court must take
into consideration all the facts and cir
cumstances II is desirable to make
clear that courts are impersonal and not
vindictive. nocmatter how grave may be
the attack on the individual judge con-
cerned.
I'm the case at bar defendant has
made the fullest apology which words
can convey. The publicity of the pro-
ceeding, the humiliation which has come
upon him both as a citizen and public
officer, the great regret which L am sat
isfled he genuinely feels. have measured
out to him a punishment severe within
itself He has frankly stated that he
has learned a, lesson bitterly taught, and
As it Is the files of this court will per-
manently contain the records of his
wrongful conduct-an ever-unhappy re-
hinder.
"In view of his contrite attitude and
his complete apology it will meet the
ends of justice that his conduct 30 far
as concerns his contempt of court be Sc
verely censured and such censure is
herewith administered. Were the Incl
dent merely personal to the court the
matter could stop here, but there is an
aspect of the case which cannot Of
ficially be passed over.
Lawyers Obligations Great.
"Of all men none owes a more scru-
pulous allegiance 10 law and order than
a lawyer. II he advises and encourages
disrespect for the courts and INDUCES
in false statements concerning them, he
helps undermine the very government
to which he has sworn to be loyal. The
wrong he does affects not only the courts
but the bar as well.
Tho New York Bar has always
strlven TO preserve it's honorable ira
ditions and has been rightly jealous of
its good name. The right to discipline
members OF the bar rests with the
courts but 1t has been the practice that
the par ltSelI snail nrst investigate acts
of a member OF the profession claimed
to be violative Of his duties and obli-
cations.
1T is deemed proper, therefore, that
the conduct of the defendant shall be
brought to the attention of the bar, and
to that end the United States Attorney
Is instructed to transmit a copy of the
record OF these proceedings to the Asso-
citation of the Bar and to the New York
County Lawyers Association"
Judge Mayors instructions to the Dis
trict Attorney TO file information with
the court concerning Comptroller Craigs
recent letter and criticism of the courts,
In connection with traction cases now
pending. lent added interest to the de-
cisior IN the Markewich case. The Craig
letter probably will be presented to the
court early next week