Bisbee daily review., 1921-09-23
TRIBUNE ASKS
DISMISSAL Of
BIC LIBEL SUIT
Freedom of Press in Danger
IF Chicago's Attempt to
Squelch Paper Allowed
DEMURRER IS ARGUED
Counsel for Newspaper Urges
Court Not to Aid in Plot
To Take Away Rights

CHICAGO, Sept. 22..Pleas for free
dom OF the press on broad historical
and constitutional grounds we're
heard today when the $10,000,0OO IL
bel suit OF the City of Chicago
against the Chicago Tribune was call
ed before Judge Fisher in the circuit
court. Weymouth Kirkland, of coun-
sci for the newspaper, consumed the
day with arguments on a general de-
murrer filed against the suit
Attorney kirkland said that the ac-
ton could not be maintained unless
the city could show seditious libel
bad been committed. He asserted
that any criticism of an administra-
tion might be made without trans
crossing legitimate freedom of the
press, unless that criticism was cal
culated to incite citizens to disregard
the law or to seek to overthrow the
government by force.
He argued that none of the criti-
cism 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
contempt would not bring the publica
tions within the purview of a sedi-
tiouS action. g.
Charges Rights curtailed
Prosecution on any other ground
than that of sedition would be invio-
lation of the state and federal con-
stitutions. he said. Kirkland assert
ed that the absence from American
Jurisprudence and with one exception
of such cases in all other countries.
was strong argument in itself that
city had no right to sue a newspap-
er 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 Grim
inal case 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 bees filed to crafty the
whim of a partisan political organi.
Zation
I'm criminal cases the jury alone
may decide whether the words COM
planned of are libellous but in civil
actions, the court may give an opin
,Un. A verdict of not guilty ends a
criminal action, but in civil suits, the
court may grant new trials unit, the
costs would amount to confiscation
"A criminal suit might send the
eritor to Jail but the paper would &c
on. IL this suit is successfully main
tanned, the newspaper would probab
ly be suppressed effectually as l dc
not think it could pay $1G;O00,0O0.
Demands Free Press
$50. if the politicians responsible
for this suit wish to continue doin.
what we charge them with haviss
done, the best way would be to obtain
such a verdict for damages as is
sought here
Kirkland quoted authorities to the
effect that only corrupt government:
had sought to suppress freedom o
| expression.
mo free government can exis
| without free press" he exclaimed
| IF the press is subjected to confis
catory damages levied in suits for Ii
bel by municipal corporations or 9th
! er bodies polite, the only effectua
| check on malfeasance, corruption
breach of public trust and mis-gov
ernment in every form, will be swep
away.
Democracy is government by pub
lie opinion and the principal forur
of nublic opinion in our time mus
be the press. To permit government
to rule this forum is to make govern
| ment absolute"