Bisbee daily review., 1919-01-02
SUPREME COURT. PRESS IN LIBEL SUIT.
E. Dana Johnson, of Santa Fe, New Mexico, Secures Decis- ion Sustaining Guaranteed Freedom of Speech
(By Review Leased Wire)

fl SANTA FEE, N. M, Jan. 1.-E. Dana
 Johnson. editor of the Santa Fe New I Mexican, was exonerated of charges i of contempt, on which he had been convicted by Judge Merritt c. Mechem of the Seventh district court on Sep
 tember 10. 1917, in a decision today
 by the state supreme court reversing Judge Mechem's decision.
 1 MT. Johnson had been held guilty of contempt and sentenced to 30 days ! in jailiby 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.
 Sustain Freedom of Press In everything 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 the public welfare" and that while the right of free speech does not warrant attacks upon courts or judges which viii in terfere with the administration Of jus tice, nevertheless the force of public opinion has greately restrained the courts in the exercise of the power to punish for making disrespectful or in furious remarks" concerning the judi ciary.
 The opinion, which was lengthy, was written by Justice Reed Hollo- man 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 Nechem in finding MT. John son guilty of contempt, also adjudged the New Mexican Publishing company guilty but no punishment was. inflict- ed upon the company. Opt. Bronson Cutting, U. s. A., formerly of New York city, and president of the pub fishing company, was cited for con tempt by Judge Mechem but his case was not tried because of his absence as military attache at the American embassy in London.
 History of Case
 The case grew out of charges made NlC AAOCl oAll nhOA -hA1- NobON Ward of New York city, wife of Lieu tenant Colonel Ward, U. s. A, and sister of Captain Cutting, announced that she detected one of the attorneys for the plaintiff signalling answers during cross-examination. Captain Cutting subsequently filed disbarment charges against the attorney but upon Judge Mechem's filing an affidavit ap- parently sustaining the attorneys de nial of guilt the bar examiners dis missed the proceedings.
 The New Mexican then published an article asserting that Judge Mechem's affidavit was at variance with state ments he made during the trial and sought to show that business and per sonal 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 an swer asserting that the criticisms ap- piled to an action of Judge Mechem taken outside his judicial position and did not affect his position and that the matter was the continuation of political campaign the newspaper had been conducting for several years.
 Fines Johnson's Attorney
 Judge Mechem struck out all of the 1. grounds for defense and fined Judge 1 Edward R. Wright, one of Mir. John 1. sons attorneys, for contempt for hay ing filed such an answer. At the con | tempt hearing the court denied the defendants the privilege of submitting 1 evidence but after having announced | his decision permitted MT. Johnson to make a statement explaining his position and granted an appeal.
 Tn submitting the case to the su- | preme court, the defense argued that | under decision of Judge Mechem the | filing of a libel suit during a political . automatically would stop all | further criticism of the plaintiff under I penalty of contempt and would thus i. abrogate the constitutional guarantees of the freedom of the press.
 Attorney General Harry L. Patton, who appeared before the supreme . court for the state, held that the pub lication of the article complained of . held Judge Mechem up to contempt I and ridicule and was plainly contempt of court.
 Herbert D. Mason, formerly of New York city, who appeared as special counsel for Mir. Johnson before the supreme court. issued the following statement. reviewing the courts de- cision:
 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. Its clear recogni- ton of the freedom of the press guar.
 fCoptf1ued m paga Fourl