The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1926-07-16
CRITICISM OF COURTS

CRITICISM Oh COURID
A committee of very eminent lawyers OF Inc
State has told the Supreme Court that the nsau u
Gae AntiSaloon League is in its contempt oecauSo
or his false criticism of its decisions
The charge made by the Attorney General was
based IN the theory that false statements concerning
its decisions and his threats of political hostility 10
Judges who did not take his peculiar ana particular
Views of the law impeded the path OF justice.
These same lawyers say that any one may cr1tl-
else the courts or decisions but that the freedom
of speech guaranteed to all citizens does not mean
a license to lie
The contempt lies in the falsity of the state
nents.
No one VIII defend liar. And when the lie is
The nterance of a man who has gained large meas
rIre of public confidence through an appeal to
eause of reform It becomes more dangerous
But there may be called to public attention the
very great danger which lies In the form OF redress
which is now held to be legal
The iudges who find that the false criticism Of
their decisions and the threats of political opposition
interfere with the orderly conduct Of their court be-
come the judges Of the facts.
It's power which could be easily abused
Imagine a corrupt court, If you wish, and an
arrogant one.
Imagine court intent not upon justice and
law but the protection of the law-breaker and the
disorderly.
Suppose honest criticism based upon facts was
made of the decision and threats of political defeat
properly made.
These Judges given this power and bent on saw
ing their own places, might easily misuse this power
and endeavor to stife honest criticism and fair por-
travail of facts by arbitrarily convcting their critic
of false statements.
The courts have gone rather far in this State
il asserting their power to punish for contempt.
fbo of an editor OF Munc1e,
Who burst loose in a denunciation of grand jury
which had indicted him. the courts held that he was
guilty of contempt and that his offer to prove every
charge was properly disregarded 1t held that the
truth was no defense, because he had attempted to
interfere In particular case, then pending before
the courts.
Editors have recognized this proper restriction
upon their rights of criticism They do not wish or
seek the power to usurp the functions or courts or
ewerve yerdicts and decisions.
But the limitation has been extended thus far
% specific before courts.
This decision seems to rest upon the fact that
there were many cases of similar character be-
fore the court and that this man, because of his pc
cular position influence, endeavored to obstruct
Justice in all of them
u may be worthy Of attention that the same
power which he directed against the court has also
been used Unfortunately against other officers Of
the State.
That political threat has been held the
heads of legislators to the extent that very few of
the members took the trouble to read the vicious
Wright law before they voted fer it. They voted in
fear, not in deliberation.
Prosecutors have felt the pressure and
sherifs have been Influenced.
Many OF these officials have in the past pro-
tested that the same man has misrepresented them
and their activities and has falsied concerning them
in order to put his puppets into Office.
Their remedy has been limited to denials and
an appeal to voters who were deluded and betrayed
They have sumptuary powers to punish and
no means of defense, except through laws of libel
which are open to any citizen who is DETAINED mis-
represented.
The remedy against the situation which exists
in the courts according to these lawyers, should
be general enough apply to other acts of inter
ference with government
1t is quite as important to- have fearless sherfs,
legislators and prosecutors it is to have fearless
Judges
1t is quite important to have nothing but the
truth concerning actions of law makers as it is to
have it concerning law interpreters.
1t is important that all officials be free from
any sort of terrorism and especially terrorism
which is founded on Misrepresentation.
1t is equally important that every citizen be free
to speak the truth at all times concerning all public
officers not excluding judges.
Putting the power of definitely selecting truth
from falsehood in the hands of those concerning
whom words may be spoken or written has its dan
gers