Albuquerque morning journal. [volume] (Albuquerque, N.M.) 1903-1926, 1919-01-02
:, Dana Johnson, Managing
Editor of the Santa Fe New
Mexican, Entirely Exonerat-
ed of Charges Of Contempt
DECISION Is VICTORY
FOR PAPERS OF STATE
Findings Of Judge N, C. Me-
chem Are Set Aside Capital
Newspaper Man viii Not
Have to Serve Jail Sentence,
tey so"nrro ,ouSs.l srso,A, 1sAssp ~,sv

Santa Fe 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
convicted by Judge MeFrit c. Me-
chem of the seventh district court
on September 10. 1917 in decision
today by the state supreme court re-
serving Judge Mechem's decision.
Mr.. Johnson had been held guilty
of contempt ana sentenced to thirty
days in Jail by Judge Meehem for
editorial criticism Of the judge fol-
lowing the trial of libel suit
brought against the New Mexican by
Henry Dreyfus of Socorro, n. NJ.
In overruling the Judgment Of the
lower court the supreme court held
that under our theory of govern
ment 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 war
rant attacks upon courts or judges
which will interfere with the admin
istration Of Justice, nevertheless "the
force OF public opinion has, greatly
restrained the courts in the exercise
of power to punish for making dis
respectful or injurious remarks" con-
cerning the judiciary.
Lengthy Opinion Rendered.
The opinion, which was lengthy,
was written by Justice Reed Hollo-
man and concurred In fully by Chief
JpGtice Richard II, 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
freedom of the press.
Judge Mechem in finding Mr..
Johnson guilty of contempt, also ad-
Judged the New Mexican Publishing
company guilty but no punishment
was inflicted upon the company
Capt. Bronson Cutting, U. 5. A., Tor
merly of New York CITY and presi-
dent 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,
wife of Lieutenant Colonel Ward, Y.
is. A., and sister of Captain Cutting.
announced that she detected one OF
the attorneys for the plaintiff signal
ing answers during cross eNamlna =
tion. Captain Cutting subsequently
filed disbarment charges against the
attorney, but upon Judge Mechem
filing an affidavit apparently suS.
| taining the attorneys denial OF gum
the bar examiners dismissed the pro-
Ceedings. ~
some Discrepancies Cited.
The New Mexican then publshed
an article asserting that Judge Me
chems affidavit was at variance WIN
statements he made during the rtla'
and sought to show that business
! and personal affiliations of the judge
might have prompted the making OF
| the affidavit ~
When Mr., johnson, Captain Cut
! ting and the New Mexican We're
! cited for contempt the defendant
1 filed an answer asserting that the
criticisms applied to an action ol
| Judge Mechem taken outside his ju-
dicial position and did not affect any
pending legislation, and that the
matter was the continuation of a po-
litcal campaign the newspaper had
| been conducting for several years,
| Judge Mechem struck out all OF
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tLontlnued on Page IWo.)