The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1923-05-10
AN EXTREME DECISION

AN EXTREME DECISION
1t is greatly to be regretted by those
who hold as inviolate constitutional
freedom of speech and press, that
Judge Helm on yesterday declined
to grant stay Of execution requested
by counsel for members of the staff
Of The Birmingham Evening Post,
whom Judge Helm had sentenced to
| Jail for twenty-four hours for con-
tempt Of court.
A stay Of execution would have
given the defendants opportunity for
hearing before the Supreme Court
Of Alabama prior to the issue becom-
ing moot one through the expira-
ton Of the imposed sentence of
twenty-four hours. Far beyond the in
terest of the defendants before the
court-and their position appeared to
be fully fortified in the depth of the
defense offered by their eminent coun-
sells the great outstanding principle
Of constitutional guarantees, which, in
this instance, will have to remain I'M
determined, so far as the Jurisdiction
in this issue is involved. Surely, JUS
tice would not have been thwarted
by the delay incident upon such re-
view, while the authoritative opinion
Of the supreme court on this far
reaching question would have been
valued by many others than the de-
PENDANTS.
The issues in this case were simple
and of easy understanding. On the
day William VERIFY was to be put on
trial in the criminal court Of jefferson
county for murder, The Birmingham
Post published the news that Yerby's
case was set for trial that day and
briefly recited the fact that VERIFY had
previously been indicted for two other
offenses by Jefferson County grand
juries. These indictments were of Of
ficial record in the courts and, as for
mer Secretary of War Newton D.
Baker, who appeared for the defend
ants, clearly defined, were matters of
common knowledge. The article ex-
pressed no opinion as to the case be-
fore the court; the article was but
mere recital of an established fact. On
this publication Judge Helm held
three members of the editorial staff of
The Birmingham Post in contempt and
subjected them to Jail sentence.
AS The Age Herald said editorially
on yesterday, the issues involved in
this matter reach far beyond the Incl
dent itself. 1t is whether or not the
constitution of the United States which
says: Congress shall make no law
. abridging the freedom of
speech or Of the press" does really
give the security and liberty of speech
and press its language is we'll intended
to give. Therefore, it is keenly re-
GREETED by those who believe the lib
critics of citizenship run to freedom of
opinion and freedom of speech that
freedom of individual thought and
opinion could not have had a more
extended review from the decision of
Judge Heflin before the court of last
resort in Alabama. 1t would appear
to The Age-Herald that Judge Helm
would greatly have strengthened his
position had he permitted the defense
opportunity to have had his decision
reviewed, for it is our opinion that the
community will construe Judge Hef-
Inns decision as an extreme and arbi-
trary exercise of his judicial power. AS
Mr.. Baker so clearly said on yesterday,
the court is last resort of the citi-
zen and the court should always be
glad to surround and envelop the citi-
zen in the fullest measure of protec-
ton guaranteed him under the law and
under the constitution.
UNITING FOR HEALTH
] 80 III