South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-07-11

We do with him tho import Of the ar
ticle We claim The absolute right. organ Of
public information to carry 20 the public. in
advance Of a judicial decision. concept OF what
decision this or that way would mean. what the
public effects Of II would be. and that all that the
article which Judge Montgomery took exception.
really did We have much right 10 discuss what
. judicial decision. this way that. Will mean.
ne have to discuss the possible effect OF n act Of
congress, in advance OF its passage.
Judge Montgomery in his criticism overlooked the
fact that newspa pers our case az least pub
lished FOR public consumption. and he needn't read
them, unless he don't pretend tell
him what to do and neither have We invited him
to FL our editorial chair.-even though Judge Mott
did once quite occupy such chair and report his
court for the Tribune particular cases still Il
Judge Montgomery wants 20 citicse. ne may crtc.se
and liberty within his judicial right 10 exercise
his functions. There Is no combination or subserv-
iency. bossism. or system OF screening applause
existing as between local democratic officials the
democratic newspaper such disgraces the commu-
nifty as between republican officials and the repub-
Lean newspaper.
Republican officials go into the "boouegging"
business assume the magic power Of turning liquor
into throw their protecting arms about bawdy
houses and gambling bells; raid giant supplies of
contra band" liquor without arresting the posses
sors and then seek to hold such liquor-for what
purpose devil only knows-even against ju-
dcia process in quest OF it to enforce law and just
ice; all this and the republican organ screens it,
winIs at it, and by and deed approves ofit-just
because they republicans
Anyhow. though we may have given Judge Mont
gomery something 10 criticse furnishing the lick
spittIe republican organ something croak about
we can still thank the Good Lord for that moral
sense at landed the moral side of the
issue rather than the immoral where
temporary stands; on side the public interest
welfare and decency instead the political
crookedness logged disrespect of judicial orders
again where the aforesaid contemporary stoOps to
bIeat
Not only that. but despite Judge Montgomery
criticism. to have been pretty right
the law according his decision because
we said it was law but because it was and he
was obliged TO that way. Cognizance seems
have taken OF the conditions likely result
from decision adverse the state quite as
tcipaed them in possibility this too not because we
anticipated them but because the court couldn't help
but them and Pros Schwartz brought them
his attention besides Frankly we think attitude
in this matter.-and Of others regardless Of
partisanship ditto rightfu attitude, has been
such that even the public will TIE
situations reversed they stand, with reference
10 modes of action and political compexions il the
conduct emanating from the city hall was that of
democrats instead OF republicans and the
prosecutors office that of a republican instead of a
democrat: yea. even political affiliations
Judge Montgomery and Judge Funk were reversed,
our attitude would be the same it is based upon
the legal moral and civic stus rather than like that
of our contemporary. upon a purely political one;
with morals, decency. and respect for the law be
Right is right and wrong wrong. regardless of
the partisan complexion OF the Judge. prosecutor,
police official or any other official that INDUCES in
Does the republican organ condone, screen pro-
tect or approve city hall this zim-
mer- Dambacher matter? Had Judge Montgomery
taken the trouble day previous the appearance
Of our article of which he complained to read the
report of that in the city administration paper,
ne woCld have found this quite threateningly.
I'm the is of such
ture that il not be appealed. it is likely that
Chief Kline, through the city attorney. will take
recourse by a replevin suit. by refusing 20
obey the courts order and then appealing the
contempt charges with which he would immedi-
ately be faced"
a warning? Was il attempt to scare
Did the city attorney publication of that item
influence the court? If so he quite culpa-
bic as Pros Schwartz would have been. had he
sought newspaper assstance-which he didn't-but
which in all probability the city attorney did.
sdering partisan utilization? Agai7 say.
To the credit of Judge Montgomery that he evidently
reads newspapers only that worth reading, and
regards only the expressions OF those whose indie
pendent self-respec lifting them above party,
ders their expressions worth noticing