Evening star., 1923-11-29
Editors See Free Speech
Attacked in Craig Case

The case of Controller Charles L.
Craig of New York city has aroused
the press of the country because it
involves freedom OF speech and what
is termed a growing tendency of some
Judges to use the powerful weapon
they possess to disregard that funda-
mental liberty when they or their
courts are subject to criticisms. Con-
troller Craig was sentenced for criti-
cizing court action in receiVershlp.
He wrote a letter to the New York
public service commissioner in Octo-
ber, 1919, in which he criticized Fed
eral Judge Mayer for refusing to
name a co-receiyer in the Brooklyn
Rapid Transit cases and for refusing
to order the books of certain rapid
transit companies thrown open to city
officials Editors are inclined to SYM
pathize with Controller Craig
Since two justices of the United
States Supreme Court held that Judge
Mayer had no right to touch Mr..
Craig" the New York Evening World
says: The majorities in the courts
of appeal need not be surprised II
laymen, too, share the minority Ju-
dicial view. The case is so striking
made of the power of commitment for
contempt that it should result in safe
guards against repetition OF such
procedure" Looking at the case from
the same viewpoint, the Springheid
Republican maintains that in delv1nE
beneath legal technicalities for the
right and wrong of the case, the pub
lie cannot be much blamed II II con-
cludes that there may have been a
moral if not legal miscarriage OF
justice
whether Craig's criticism was dis
honest or not makes no difference as
to the principle involved, in the opln-
ion of the Baltimore Sun. because he
had the right of criticism S an otfi-
ciaI of the city of New York con-
cerned in a public service corporation
of immense Importance to the peo-
pie" The Sun characterizes the sem
tence as IAN arbitrary and perverted
exercise of power which has properly
aroused general resentment, Tor
Judge Mayer fell back on a code of
ancient tyranny and determined TO
teach a lesson to impertinent critics
of the high gods of the Judlclai
Olympus with the result that Such
overbearing gods will themselves be
taught a memorable lesson.
The Syracuse Herald cites Dickens
Mr.. Bumble, who affirmed that the
law is an ass" and the declaration oil
Judge Gary in the famous chicago
anarchist trial that "the law is com
mon sense" saying that somewhere
between these two extremes STANDS
the Craig case in it's legal aspects,
because while "the development Is
not asinine 1t is far from reaching
the other limit of common sense II
is the tendency to make criticism OF
the Judges acts 'lese majestic" that
breeds public uneasiness, according
to the Philadelphia Public Ledger,
which feels 'if an act of Congress is
the way to define these powers, define
contempt and end this confusion, 1t
should be enacted" because there
| is danger that when criticism is
smothered tyranny may begin and the
weapon is too keen not to have its
| use safeguarded.'' AS the Brooklyn
Eagle sees it the universal revolt
against the Mayer decision arises
from the belief that personal preJu-
dice against the controller swayed
the Judge to institute contempt pro-
| ceedings, but Judge Mayer has in
represents by arbitrary use of judicial
power to resent personal slight, and
| he should now do everything in his
power to undo the evil he has
| wrought" No one doubts the right
| to uphold judicial dignity by use of
! serts the Providence Tribune. but lit
| Is the question if all criticism of their
acts is in itself lese majestic that
should be decided sufficiently to clear
up the confusion"
| If one public servant has not the
right to criticize another public servant
J and that is held to be law. the Cmcin-