Arizona republican., 1921-09-23
TRIBUNE COUNSEL SAYS FREEDOM OF PRESS ISSUE.
 TN CHICAGO LIBEL SUIT.
rRepubIIean A. p. Leased wIreI

CHICAGO, Sept 22.-Pleas for freedom of the press on broad his- torical and constitutional grounds were heard today when the s1o.ooo.- 900 libel suit of the city of Chicago against the Chicago Tribune was called before Judge Fisher in the circuit court. Weymouth Kirkland. of counsel for the newspaper. con stunned the day with arguments on a general demurrer filed against the suit.
 Attorney Kirkland said that the action could not be maintained un- less the city could show a seditious libel had been committed He as- serted that any criticism of an ad- ministration might be made without transgressing legitimate freedom of the press unless that criticism was calculated to incite citizens to dis regard the law or to seek to over throw the government by force.
 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 hold- ing up a government to possible scorn and contempt would not bring the publications within the purview of a seditious action.
 Prosecution on any other ground than that of sedition would be in violation of the state and federal constitutions, he said. Mir. Kirkland asserted that the absence from American jurisprudence and with one exception of such cases on ali other countries, was strong argu- ment in itself that city haf. no right to sue a newspaper unde. the circumstances covered by the pres ent action.
 .This civil action" he said. con | stitutes a much greater restriction on the liberty of the press than If a criminal case had been brought and the editor indicted.
 Criminal action would necessltate | the consent of grand jury or court to an information process put this suit has been filed to gratify the whim of a partisan political or ganization-
 Tn criminal cases the jury alone may decide whether the words com plained of are libellous but in civil a ctions the court may give ar opinion. A verdict. of not guilty ends a criminal action but in civil suits the court may grant new trials until the costs would amount to confiscation. .h,
 "A criminal suit might send tne editor to jail but the paper woule 20 on. If this suit is successfully | maintained. the newspaper Wouie probably be suppressed effectualls as I do not think it could pay SIG, ,O00,O0O
 sSo if the politicians responsioi' for this suit wish to continue ooins what we charge them with haVini done. the best way would De U obtain a verdict for damages as
 sought here." ..,. (,
 MT. Kirkland quoted authorizes U the effect that only corrupt SoteIIl govern
 ments had sought to suppress free
 dom of expression ,.
 No free government can , es
 without a free press" he exclaimed
 If the press is subjected to con
 fiscatory damages levied in sults 10
 libel by municipal corporations . other bodies polite. the only eIlec tual check on malfeasance, ~coffup
 ton, breach of public trust anu ms government in every form, VIII swept away. |. . 'Democracy is government b public opinion and the prlnclpa
 form of public opinion in our tim must be the press. To permit gov . | ernment to rule this forum is |
 make government absolute"