New Mexico state record. (Santa Fe, N.M.) 1914-19??, 1921-09-23
FREEDOM PLEAS
FOR PRESS ARE
HEARD BY COURT

Chicago, Sept. 22.-Pleas for free
dom OF the press OH broad historical
and constitutional grounds were heard
today when the 100000 libel suit of
the city of Chicago against the Chi
cago Tribune was called before Judge
Fisher in the circuit court. Weymouth
Kirkland of counsel for the newspaper,
consumed the day with arguments on
a general demurrer filed against the
suit.
Attorney Kirkland said that the ac-
ton could not be maintained unless
the city could show a seditious libel
had been committed. He asserted that
any criticism of an administration
might be made without transgressing
legitimate freedom of the press unless
that criticism was calculated to in
cite citizens to disregard the law or
to seek to overthrow the government
by force.
Not a Scd;t;cus Actor
He argued that none of the criti-
cisms of city financial affairs to which
the suit took exception, could be so
classed and that merely holding up a
government to possible scorn and con-
tempt would not bring the publica-
tons within the purview of a seditious
action.
Prosecution On any other ground
than that of sedition would be in vio-
lation of the state and federal con-
situations, he said. Mr.. Kirkland as
serted that the absence from Ameri-
can jurisprudence and, with one ex-
ception, of such cases in all other
countries, was a strong argument in
itself that a city had no right to sue
a newspaper under the circumstances
covered by the present action.
"This civil action" he said, "con-
stitutes a much greater restriction on
the liberty of the press than if a GRIM
inal cast had been brought and the
editor indicted.
Criminal action would necessitate
the consent of a grand jury of a
court to an information process but
this suit has been filed to crafty the
whim of a partisan political organiza-
ton.
I'm criminal cases the jury alone
may decide whether the words COM
planned of are libelous but in civil ac-
tions the court may give an opinion.
A verdict of not guilty ends a GRIM
inal action but in civil suits the court
may grant new trails until the costs
would amount to confiscation.
"A criminal suit might send the edi-
tor to jail but the paper would go
If this suit is successfully main
tanned the newspaper would probably
be suppressed e~ffectually, as I do not
think it could pay SlQ,000,OO.
Quotes Authorities
so if the politicians responsible for
this suit wish to continue doing what
we charge them with having done, the
best way would be to obtain such a
verdict for damages as is sought here"
Mr.. Kirkland quoted authorities +
the effect that only corrupt govern
had sought TO suppress freedom
of expression.
NO free government can exist with
a free press" he exclaimed. "If
the press is subjected to confiscatory
damages levied in suits for libel by
municipal corporations or other bodies
the only effectual check on
.malfeasance, corruption, breach of
trust and misgovernment in ev-
cry form, will be swept away.
Democracy is government by pub
lie opinion and the principal forum
public opinion in our time must
the press. To permit government
10 rule this forum is to make govern
ment absolute"