Indiana daily times. [volume] (Indianapolis [Ind.]) 1914-1922, 1920-05-18

"No newspaper editor ever suffered
by being sent to Jail in just cause,
and no judge ever prOfited by send
ing him there"
The above is an excerpt from letter
received today by James L. KilgalIen,
managing editor of The Indiana Daily
Times. who was recently sentenced TO
fail for contempt" by Judge Collins of
the Marion county criminal court, from
| Edward T. Leech. editor of the Memphis
| (Tenn) Press, who last August served
ten days in Jail for publishing in his
paper an editorial entitled THE shame
OF 1t ALL"
The case of Mr. Kilgallen, who was
fined 500 and costs and given a ten-day
Jail sentence in each of two contempt
proceedings, has been appealed to the
supreme court of Indiana.
CONGRATULATES
TIMES EDITORS.
The Memphis editor congratulated the
sentenced indianapolis newspaper man
| and also Robert A. Butler editor of The
Times, who wrote the editorials. but who
was denied an opportunity to prove that
they were true.
| NJ. Leech's letter which is selfex
planatory, follows;
LAS newspaper editor who served ten
| days In jail for the twentieth century
crime Of constructive contempt Of court.
and as ar American citizen very deeply
| interested In seeing newspapers maintain
and defend the constitutional rights OF
| free speech and free press, I hasten 70
congratulate you on being sentenced TO
| Jail for twenty days by Judge Collins Of
your city. I use the word congratulate.
! because l believe every incident such as
| your case serves to call to national pub
/ lie attention the grave menace Of judicial
usurpation Of powers never intended by
our constitution and Institutions.
81 have the highest respect for the
! courts. I realize that their powers and
actions must be respected and I obeyed
/ in order to preserve order and demoe
/ racy aud personal and property rights
/ As a good newspaper man and citizen
! know YOU have the same feeling.
"But I sincerely believe that courts
are under certain limitations. and that
among these is the inalienable right OF
+ the public and The press to criticise and
discuss the actions and decisions az
courts aud judges Judges are public
servants, and when they try to place
+ themselves beyond the bounds OF criti-
/ cism and censure they are upfaithful 10
/ the public trust and dangerous to democ-
+ Facy.
! This is particularly true at time
when courts have assumed such broad
powers Of determining laws and instita-
ticns under which this country shsli
/ live-when they do not hesitate 10 null
/ lify or misconstrVe laws passed by the
people at elections or by tkeIr repre-.
/ sentatives. II. on top of this power
+ judges are TO he immune from discus
( sion and criticism then they will en-
/ Joy autocratlc rights OF government
& sg..F
/ our people
"As newspaper man under sentence
+ FOR contempt. you may be interested IA
my personal experience under similar
/ conditions.
/ SENTENCED TO
JAIL FOR TEN DAYS.
II WAS sentenced TO jail for ten days
/ and fined Sjo-the maximum punishment
( permitted by Tennessee laws-for writ
/ Ing and printing In the Memphis Press
4 political editorial ten days before a
/ city and county election This editorial
/ entitled "The shame Of II All" was an
attack on a political gang which for
/ years had dominated the AFFAIRS of this
| city and county. It contained no names
of any court and Judge and no reference
to any judicial decision
! Several years previously however.
the judge Of the first criminal court OF
this city had been impeached and tried
OF gross corruption and misconduct IN
office, while another Judge had re-
signed under fire. Therefore. | used in
my editorial this sentence:
Even courts have been brought into
disrepute, and judges have abandoned
the principals of loyalty and integrity !;
have dragged their own courts into the
mire, have turned traitors to their
! friends and supporters, and enemies TO
the principals they profess, because the
politicians have laid their hands on
them and forced them to do their bid
ding. IL Is a shameful thing TO SEQ "a
court dishonored and a man disgraced
to serve the ends of political self-seeIV-
ers.'
ION the strength Of these words
was found guilty OF contempt of Chan
celIor Israel Peres. who was a candidate
before the people for reelection at the
time the editorial was printed. In order
to imprison me under the law of con-
tempt, II was held by the court that
CONTINUED on Page FOur.)