New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1919-01-03
New Mexican Court
Rules Press Can
Criticise Jud ges
Highest Tribunal of State,
in Purging Editor of Con-
tempt, Upholds Right TO
Comment on Private Acts
Special to The Tribune

iSUec1Ut 10 me 1NONne.
SANTA FE, N. NJ, Jan. 2.-lIoldine
that "under our theory of government
the right Of freedom of speech and of
the press are essential to public well
fare" the Supreme Court of New Mex
leo, in an opinion made public yester-
day, reversed the decision of the Dis
trict Court of the Seventh Judicial Dis
trict Of the state, adjudging E. Dana
Johnson, editor of "The Santa Fe New
Mexican" guilty of contempt for al
legged criticism Of the lower court.
While adhering to the rule that free
dom Of the press does not include IL
cense for unwarranted attacks upon
courts and judges, the court held that
nevertheless "the force of public opin-
ion has greatly restrained the courts in
the exercise of the power to punish for
making disrespectful or injurious re-
marks concerning courts and Judges.
The case, which attracted much at
tention because of the issues involved,
arose from the fact that during the
trial of case against the newspaper
and Captain Bronson NJ Cutting, for
merry of New York City, and president
OF the newspaper company, in the dis
trict court at Los Lunas, Mrs. Cabot
Ward, of New York City, wife of Lieu
tenant Colonel Cabot Ward, of General
Pershing's staff, announced that she
had discovered the attorney for the
plaintiff wigwagging signals to his
client to indicate what answers he
should make to questions which were
being propounded by the attorney for
the paper.
Paper Defends Mrs. Ward
Upon Captain Cuttings attempt to
secure the disbarment of the attorney
the trial judge filed an affidavit ndi-
eating that the wigwagging did not
occur. The newspaper Immediately
came to the defence of Mrs. Ward and
the others who filed afiidavits in the
dlsbarment proceedings, and contempt
proceedings thereupon began against
the newspaper company, the editor and
Captain Cutting.
editor was tried the editor was sem
fenced TO thirty days in jail one of his
attorneys was fined for having flied the
defendants answer and the paper was
adJudged guilty, but not sentenced
The case against Captain Cutting was
not tried, because of his absence as
military attache at the American En-
bassy in London. The editor appealed
to the Supreme Court, and yesterdays
decision is rendered upon that APP
peal. The Supreme Court. instead of
remanding the case for new trial, in
structed the lower court to dismiss
the information and discharge the
editor.
Criticism Was of Private Act
The defendants cOntendod that tho
criticism was of the private and not of
the official act of the Judge; that it
was proper REPUTATION of the asper-
slons cast by the judge upon the verac-
lty of Mrs. Ward, Captain Cutting
and their associates, and that in so far
as the criticisms disclosed the per-
sonal, political and business affiliations
OF the judge they were a mere con
tlnuatlon of the papers long continued
complaint against certain political con-
dltlons in the state
AS to this last defence, counsel for
the defendants contended that the mere
fact that litigations had arisen in CON
nection with its campaign against po-
lltical conditions did not constitute, in
It's continued criticism, a contempt Of
court upon the theory that such crici-
clsms thereafter related to matters
pending before the courts for adjud-
cation. Any other rule, according to
the defence, would enable any one to
stop newspaper campaign on any
subject merely by bringing the matter
in some way before the courts, after
which, under the rule contended for by
the state, a continuation of the criti-
cism would be in contempt
The defence also contended that the
criticisms were within the freedom of
"a MT IF bo
Federal constitutions. The decision
gives full weight to these guarantees
and in addition lays down many rules
and limitations upon the power of the
courts to punish for constructive con-
tempt based upon newspaper criticisms.
Mason Analyses Decision
Herbert D. Mason, formerly of New
York City, who appeared as special
counsel for Mr.. Johnson, summarized
the decision, in part, as follows:
The decision in the New Mexican
contempt case ought to do much to
clear up many points concerning the
freedom of the press and the law Of
contempt of court. It's clear recogn-
ton of the freedom of the press guar
antees Of state and Federal constitu-
tons, as contrasted with the contempt
power of courts; its holding that every
construction and presumption must be
made IN favor of the good faith and in
nocent intent of one who criticises the
court, and its holding that a judge
cannot use contempt powers to redress
private grievances, furnished some
much needed definition of the stric t
limitations upon the exercise of the
contempt powers by courts as well as
some equally needed definition Of the
rights of citizens to express their opin-
ions concerning the judiciary under
their free press and free speech guar
antees.
"Whilc adhering to the rule that
criticisms calculated to obstruct the
course OF justice may be punished as
for contempt of court, the court holds
that cases of constructive contempt are
criminal proceedings, and that there
fore the information, the authority of
the court, che weight of the evidence
(including all conflicts in presumption
and proof and the regularity of the
proceedings are governed by the rules
of criminal law. The information must
be strictly construed as we'll as the
article alleged. to be contemptous. and
the court further says the defendant
is presumed to be innocent until proven
guilty beyond a reasonable doubt, the
same as defendant in any criminal
case. There are no presumption
taken against him. but the presump-
tons are all in his favor
"Certainiy in contempt PROCEEDINGS
where the offended Judge Sits substan-
TALLY as accuser, judge and execu-
n rt, Ia II