South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-09-17

irrespective OF the equities involved it If
poor law that permits a circuit judge 10 bale
before him = charge Of contempt any per
for alleged criticism. 10 makes the
Judge only the complainant. but also judge
and jury because ne appoints his own investi-
eating committee. II allows the OF the
mendous powers possessed BY our courts 10 be
used 20 punish individual who must depend
his own resources against the might OF the
law
The right to a free criticism and free express
sion OF views a fundamental in this country so
long as no libel is committed Using contempt
OF court proceedings TO take the place of a libel
suit is, il seems 70 US. perversion OF justice.
The courts Of America are man-created ana
man-hlled. They not infallible and should
be subject reasonable criticism
'Curtailing the freedom OF the press by
tempt proceedings is in keeping with
American spirit. An editor In Memphis, Tenn,
has just finished serving a Jail sentence because
ne made caustic comment a court official
The people rallied to him and his imprisonment
a martyr him. much the subsequent
discomfort Of his prosecutors"
Referring to the above. the Niles Sun. a Berrien
county paper sees fit to move somewhat to the de-
Tense Of the circuit judge. and becomes least
apologize Being Berrien county newspaper, this
may mean something. it may nothing but
newspapers as well as judges and prosecuting at
torneys have been known TO be swayed by political
influence. Even at that the sun appears rather
half hearted in the matter, screening the Judge II
says:
Pros. Sterling is the who demanded
that Editor Waltsgott be cited for contempt OF
because OF his criticism of the court. t.
disprove the charge that he is preiudiced in
of Banker Hess, who is be tried
for alleged felony. there nothing left for
Judge White 10 do but refer the alleged libel
investigating committee. Sterling has
been sharply criticized by Editor Waltsgott and.
smarting under the editorial lash.
tempted, apparently, to make much ado about
what Waltsgott had said about the court in his
newspaper
Judge White who made some trivial remark
about the Hess case, which his auditors. per
haps, did not allow to diminish any in the telling
Of what they had heard the judge say, is not
likely 70 deal harshly with Editor Watsgott
II the committee the court has appointed
decides the publisher should be punished for
contempt
"AH who know him realize that Judge White
would be the last man in the world to sit in
case If he prejudiced in favor of either
side thereto and when a casual remark he
made in giving expression a Of surprise
that Banker Hess had been arrested "A charge
Of raising note, the involved in the alleged
forgery being only $40 was the basis of
charge that he aiding political ringsters to
screen the banker, he naturally chagrined,
not TO say indignant and when Pros. Sterling.
who has also been severely criticized by Editor
Waltsgott demands that the charges against the
court be investigated, the court had the alterna-
tive of ordering investigation creating the
impression that what was reported 10 Editor
Waltsgott concerning what he, Judge White, had
said about the arrest OF Banker Hess, true.
The court has shown no spirit of vindictiveness.
and il is rather with a view removing the OPP
probrium cast upon him than TO deal harshly
with Editor waltsgott that Judge White
coded TO the motion of Pros. Sterling"
Which is very elegantly put. isn't 1t? The circuit
Judge himself could hardly have done better. only
ne may. may not possess the judicial acumen
distinguish between a criticism OF himself. and
a criticism the circuit court: TO realize that the
purpose of contempt process is to protect the in
Justice. rather than to remove the opprobrum
cast upon" himself personally Editor waltsgott
treated the judges casual remark" as much more
than a casual remark" has been promoting and
endeavoring TO aid the administration of justice.
rather than hinder 1t. assuming that his charges
are true, and they are not, the place to adjust
them is in a libel where each has an equal
chance in d proceeding where one party is pro-
secutor judge, jury and the whole smear-quite
likely be- whether sits Judge himself calls
in OF his friends for camouhage purposes.
two editorials quoted above are fair cri-
terions of the attitude of the Michigan press the
Dowagiac News the press outside Berrien county,
and the Niles sun of the press inside the county
where the influence of the republican machine is no
doubt more keenly felt than outside the county.
Perhaps the outside newspapers moreover. are less
fearful of the autOCrac powers the circuit judge
responsive to the wishes of the revenge seeking
prosecutor There isn't much question about the
corrupting influence of the Berrien republi-
can machine, whether the Judge is active cog
in the wheels not. Judges have been known TO
attach themselves 10 such corrupting influences
They have been retired for it, have even been i'm
peached for it. The that a lawyer
has been made Judge. does not make him a saint.
We might suggest TO the Niles Sun, for instance.
that while apoogizing for the judge. and befrend-
him would be to call his attention the experience
the Nat. Stewart judge of the circuit court
at Kalamazoo. whom the Michigan supreme court
overruled in certain contempt case. for having
made such an ass himself in the institution and
prosecution OF IT,