Arizona republican., 1919-01-02
New Mexican Decision Reversed By Supreme Court Outgrowth Of Libel Suit-Judge Mechem Finds Pub fisher Guilty-Upper Tribunal Says Freedom Of Press Essential To Public Welfare Vital Points At Issue Give Case Widespread Publicity.
Republican A. p. Leased Wire1

SANTA FEE, N. NJ, Jan. 1.-E. Dana Johnson, editor of the Santa Fe New Mexican, was eXonerated of charges of contempt, on which he had been con- victed by Judge Merritt c. Mechem of the seventh district court, on Septem- Der 10, 1917, in a decision today by the state supreme court, reversing Judge Mechems decision.
 Mir. Johnson had been held guilty of contempt and sentenced to thirty days in jail by Judge Mechem for editorial criticism of the judge, following the trial of a libel suit brought against the New Mexican by Henry Dreyfus of Socorro, N. M.
 In overruling the judgment of the lower court, the supreme court held that under our theory of government, the right of freedom of speech and of the press are essential to public well fare" and that, while the right of free speech does not warrant attacks upon courts or judges, which will in- tice, nevertheless, the force of public opinion has greatly restrained the courts in the exercise of the power to punish for making disrespectful or in- furious remarks" concerning the judic- iary.
 Three Judges Concur
 The opinion, which was lengthy, was written by Justice Reed Holloman and concurred in fully by Chief Justice Richard H. Hanna, and as to result by Justice Frank W. Parker.
 The case has attracted widespread attention because of the nature of the question involved affecting the free dom of the press.
 Judge Mechem, in finding MT. Jolln- son guilty of contempt, also adjudged the New Mexican publishing company guilty, but no punishment was in- flicted upon the company. Captain Bronson Cutting, U. s. A, formerly of New York city and president of the publishing company was cited for contempt by Judge Mechem, but his case was not tried because of his absence as military attache at the American embassy in London
 The cases grew out of charges made during the libel suit, when Mrs. Cabot Ward of New York city the wife of Lieutenant Colonel Ward, U. S. A, and sister of Captain Cutting, an- nounced that she detected one of the attorneys for the plaintiff signalling answers during cross examination. Cdptaln CulIl0S subsequently, IlleQ OlS- barment charges against the attorney, but upon Judge Mechem's filing an affidavit, apparently sustaining the attorneys denial of guilt, the bar eX- aminers dismissed the proceedings.
 Publisher Also Cited
 The New Mexican then published an article asserting that Judge Machem's affidavit was at variance with state ments he had made during the trial, and sought to show that business and personal affiliations of the judge might have prompted the making of the affi- davit.
 When Mir. Johnson, Captain Cutting and the New Mexican were cited for contempt, the defendant filed an answer asserting that the criticisms applied to an action of Judge Mechem taken outside his judicial position and did not affect any pending legislation and that the matter was the continua- ton of political campaign the news paper had been conducting for several years.
 Judge Mechem struck out all of the grounds for offense and fined Edward Continued on Page T 7o)