The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1922-11-07
The Rule in Sanders Case

ION months ago, United States District Judge ]. w.
y Ross, at Memphis. on petition of railroad lawyers,
enjoined the striking shopmen in particular and the
public in general from discussion Of the shopmen's
strike and other things.
Some weeks later. Attorney General Daugherty OBJ
tanned from Federal Judge Wilkerson. at Chicago. an
Injunction against striking railroad shopmen, officers of
various labor organizations and the public in general,
~forbidding meetings or such discussion of the strike as
would tend to hearten the strIkera.
At about this time Jacob Cohen, editor Of a weekly
paper at Memphis, printed an editorial unfavorably
commenting upon any who might take the places Of
striking shopmen.
Cohen was cited before Judge Ross as for contempt
and after his arrest, but before final disposition of
his case, G. V. Sanders. editor Of the Memphis Press,
expressed the editorial opinion that Cohens %constitu-
tional right of free press had been invaded.
Whereupon Editor Sanders was cited as for con-
tempt by Judge Ross.
It must be kept clearly IN mind that Sanders cita-
ton was not bottomed upon either the Ross or Daugh'
erty-Wilkerson injunctions. but upon a claimed princi-
pie of law that the discussion of any case while it is
pending in court is a contempt.
Editor Sanders appeared in court, witnesses were
heard and his case was put over until Nov. Is, for con-
sideration upon written briefs.
The Sanders case presents a simple issue: May or
may not an editor discuss any set of facts while they
are in controversy in a case pending before a court9
Editors. lawyers and laymen saw in this Issue, so
presented, a Jeopardy Of the rights Of freedom Of speech
and Of the press heretofore guaranteed by the United
States Constitution.
Others were not similarly alarmed. To them the
Sanders case appeared to be a single local instance.
involving, at most, the question as to whether Mr..
Sanders should spend some certain days IN his Office
or in Jail.
A more recent incident indicates that, If estab-
nshed, the rule in Sanders case would infringe free
press. Here is the incident:
In the heat of the Rhode Island campaign. a news
paper, the Providence News. charged Governor
Beeckman, a candidate for the United States Senate,
with political bribery. The newspaper published az
fdavits and fac smile reproductions of $500 bank notes
and for four days continued it's expose.
Then the editor and officers of the newspaper were
arrested on a warrant sworn out by Governor Beck
man. Whereupon, the editor Of the News stopped
his expose, explaining to his readers that II he con-
tinued while the case was pending he would expose
himself to punishment for contempt Of court.
We, and others who do not believe IN the rule In
the Sanders case. do not believe that the editor of the
News would be in such jeopardy. We doubt whether
competent counsel would SO advise him.
Anyhow, the case was set for hearing on Nov. 2,
five days before the senatorial election. Meantime the
News editor. believing himself to be muzzled, was
silent. Nov. 8. the editor, in court with his counsel
and with an array Of witnesses, asked immediate final
hearing. He wanted the muzzle taken off before cleo
ton day. Beeckman's lawyers invoked the magic Of
the laws delay and secured a postponement until Nov.
22-long after the senatorial election. So that during
the closing weeks Of the Rhode Island campaign the
bribery charges, which are the outstanding issue of
the campaign, may not, in the opinion of the editor of
the News, be further discussed by him because, as he
thinks, of the rule in Sanders case.
The editor Of this newspaper believes with Editor
Sanders and disagrees with Editor Hennessey of the
Providence News, that the institution Of a lawsuit is
not sufficient to make unlawful a reasonable discus.
sion of any public question.
The Hennessey case is pending. If Hennessey is
right and Sanders is wrong, the editor of this paper is
now in contempt of Judge Gorham of Providence r
whose court the Hennessey case is pending, beca& 8
this editorial discusses Hennessey's pending easel
n this editorial we have also made referene