Evening star., 1928-11-17
BACKGROUND OF EVENTS
BY PAUL y. COLLINS.

It would be rank presumption If not
contempt for a citizen to question the
judgment OF the Supreme Court of a
State, unless that questioning were
done through appeal to the Supreme
Court of the United States. Perhaps
for the first time in history the par
ticular question now appealed to the
Supreme Court of the United States by
the Chicago Tribune "a mighty cham
pion of a weaker publication) from a
decision of the highest tribunal of
Minnesota will cover the right of a
State court to ignore the fourteenth
amendment Of the Federal Constitu-
ton mo State shall make or enforce
any law which shall abridge the priv
ileges or irnrnunities of citizens of the
United States; nor shall any State de-
prive any person of life. liberty or
property without due process of Slaw,
nor deny to any person the equal pro-
lection Of the laws"
The Minneapolis Saturday Press has
been confscated under a summary in
junction obtained by the county prose-
cutting attorney, whom the paper was
criticizing for alleged wrong conduct of
his Office. while it was also making edi-
torial war upon other municipal off,
cialS and their alleged corruption. The
County Court issued an injunction on
the ground that the Saturday Press had
become "a general nuisance"-or words
to that effect--in this editorial cam
paign of ''pitiless publicity"
Yet there was no action for libel.
Confiscated? BY Mussolini-in Fas-
cist Italy? No. by a regular court, in
Minnesota. Padlocked! The press
stopped, the property of the publisher
taken from him without trial, by a de-
cree Of one mana Judge on the bench.
The good will of the publication-al-
ways the most valuable asset of any
publication-ruined peremptorily! The
liberty of the press Haunted!
The Minneapolis Saturday Press was
not powerful paper. but the principle
under which 1t rested. and which is
defied by court injunction. is the might
lest factor In the construction and per-
manence of the United States of Amer
ics. If court can censor and kill a
publication sumnarily-or deliberately
without trial by jury, say constitu-
tional lawyers. then the liberty of
America is farce.
The injunction is based upon a law
adopted by the Minnesota legislature in
1925. permitting the courts to enjoin as
a nuisance" any paper which "regu-
larly publishes malicious, scandalous
and defamatory matter
But who is to decide the facts-a
Judge or a jury?
The Saturday Press has been con-
ducting a general editorial campaign
exposing alleged maladministration in
the local government, and since that
included the county attorney. he en-
forced the State law to stop It,
How much of the Minnesota constitu-
tion did he enforce9 That says
The liberty of the press shall remain
lnvlolate and all persons may freely
speak, write and publish their senti-
ments on all subjects, being responsible
for Its abuse of such right"
How clear Is that language Of the
constitution! II cannot be read TO
mean anything but the independence
and liberty of the press-rlot subject to
confscation of the property of the pub
Usher, without trial for libel The
county attorney knew his legal recourse
II false statements we're made concern
ing him; the libel laws are strict, and
juries are still held In proper respect
In ordinary courts
y x&
Hitherto. 1t has been thought that
Minneapolis had achieved full distinc-
ton in suppressing editorial liberty
when. a few years ago, farm weekly
conducted campaign of editorial ex-
posure of the illegal and unfair practices
of the grain market. Through letting
in the daylight of publicity on those
practices. the State officials were in
duced to enforce the laws, and that cost
the local grain dealers somewhat more
than million dollars year in reforms
which was genuine farm relief"
So. they conspired to get even with |
the editor, bought the bank which held
his notes covering certain Summer
costs. necessary because of sudden in
crease of circulation, and within q few |
hours after he had left the city on his |
vacation. they, without a moments |
warning, seized the publication under |
The quick action Of a |
famous lawyer championing the pub I
lisher and threatening prosecution for
conspiracy brousAt panic to the con-