South Bend news-times. (South Bend, Ind.) 1913-1938, 1919-03-11
Other Editors Than Ours
NEWSPAPERS MAY CRITICISE COURT.
(The Fourth Estate, New York;

Holding that it legitimate practice for the editor
Of newspaper to disagree with judges on nterpreta-
tons applications the law there be
contempt when the proceeding regarding which a
criticism a is made been disposed Of that
publication of the truth is not conempuous whether
the be pending the truth be complimentary
the judge not and that contempt of court does
not lie where the contempt If any is plainly or the
judge personally. and of the tribunal the Indiana
supreme has reversed the superior court of st
Joseph county Indiana in the indirect contempt
against John Henry Zuver, editor Of The South Bend
News Times finding for the editor.
The case was a rather celebrated in Indiana, due
the of the editor and the nature of the
suit it being plainly of political nature brought as
suppress The News-Times opposition .
the denomination and election of Judge Thomas ..
Mott. who instituted the suit and who insisted upon
sitting judge in the
Political conspiracy also charged. the purpose al
legged being to discipline said newspaper
created fear prevent it, If possible, from exposing cor
rupt performances of the organization
That last April Editor zuver after trial in the
court below that lasted nearly week, was found
guilty and fined 800 and costs with an alterna
tive 100 days Jail. from which appeal was taken
to the supreme court Immediately. hearing was had
in the supreme court Jan ~ This conVlcuon ana SEN
tence is now aside.
Meanwhile The News-Times. though democratic
nc wspaper threw itself into the republican primary
campaign effecting the defeat Judge Mott for
nomination overthrow the old republican machine
the progressive republicans gaining complete
control both the county and district organizations
The supreme court decision comes as an animation Oh
popular judgment expressed at the polls as Wen
aa a reversal of the trial judge on legal GROUNDS
The main point made in the supreme court opinion
however turns the sworn answer OF the defendant
that proceeding under discussion I'm the article
complained of had been determined, and decision
rendered before publication The proceeding was mo-
ton a with reference to petition
FOR alteration of allowance for children in the case
of Fhineholt Rhineholt, a suit for divorce.
Indiana has liberal laws with reference TO change OF
venue AS stated in article complained of. the
affidavit purely formal affair, available TO
any tgant who may at any time and for any reason
that need not given. that judge is biased
preudiced in particular case There Is no alternative
but for the grant the motion"
Judge Mott however, had refused to grant TINS mo-
ton st the time disregarding the statute. saying he
would II under Amusement ana asserting 10 the
lawyer presenting II;
or s1bordnation of perjury Anyhow it is shyster
tice and l am going to put a stop to it in this court
Incident to this reporting the affair, The News
Times referred TO the judge seeming untutored In
the formaltes of Indiana law" which was the point
most largely dwelled upon in the rule to show cause
as the basis Of the contempt charge.
It developed then the judge, instead of taking
the matter under Amusement. within half hour an
nounced from the that ne had overrued the re-
ouest and so entered his docket.
change of records, charged deliberate falsihca-
ton for the purposes Of the suit brought out with
the contention that proceeding not pending Al
the time of publication but had been hnally disposed
of The supreme court holds that an answer TO such
aect was sufficient itself; that the contempt charge
should have been dismissed its presentation with
ont further evidence and that IL the answer were un
true prosecution for perjury should be the remedy.