The Washington times., 1929-07-25
OHIO CONTEMPT |
CASE CAUSE
Of ATTACK

~ Ill hHQA
CLEVELAND, ohio, July rs ~.
S.).--A new and caustlc attack on
the action OF Judge Frederick
Walther, who sentenced two editors
to Jail for criticizing his official acts.
was launched yesterday by Mayo
FesIer. director OF the Cleveland Citi-
zens League, and answered by Judge
WaIther himself.
FesIer Statement
Mr.. Fesler gave the following
statement to the press:
"If Judge Walther's contempt
sentence Of these two local editors
Il sustained in the higher courts,
then freedom Of the press In this
country will have been struck the
3 fOuIest blow in all our history.
This edict, IL upheld, will mean
that any corrupt judge, aligned
with rotten, crooked interests, can
gag the press the while he takes
dictates from his masters and, uns
known to the public, accOmplishes
the most damning public HARM
Mayo Fesler, director Of the CIeve.
land Citizens League, and con.
ceded to be the leading prOpOnent
Of CleveIand's civic and law sup
porting agencies.
Judge Answers
My sentence of these two edi-
tors was not q thrust Mt freedom
! Of speech or OF the press. i did
not cite them because they had
paper should have the right to
.nsakfnamn EA of
s. Judge. / found them guilty OF
contempt because they attacked
my court as an Institution, direct
~ charging that the court was
taking orders from q race track
gang. Inasmuch as their COM
ment was upon decision In q
case still pending before the
court, i had no option but to
adiudge them guilty of contempt"
Judge Frederick WaIther, of the
Court Of Common Pleas, Cuya-
h0ga county.
Eight days ago Judge 'Walther
sentenced to 80 days the editor and
the chief editorial writer of the
Cleveland Press. Louis B. Seltzer
and Carlton K. Matson. The sen
tences, following a hearing in
which Newton II. Baker, former
Secretary of War, vigorously de-
Tended a newspapers constitutional
right to criticize a court or its
action, was based on an editorial
published by the Press, in which 1t
was implied that Judge Walther
: was the tool of interests which pro-
posed to operate the Thistledown
racetrack here.
NNnrNS-,~
The Judge had signed an in.
junction order, restraining the
sheriff from interfering with the
contribution system" Of betting at
the track, but he had interpolated
into the order the peculiar words:
If this (the betting system) be
not contrary to the laws OF the
State"
Mr.. Fesler, quoted above, who
nnquestionably represents much Of
the so-called ''better government"
thought in this community, was
openly scornful Of the judges in.
junction order.
Act Called silly
"It was the most asinine in
Junction Of which / have ever
heard" he declared today. ut
u directs the sheriff not to raid the
gambling booths, unless they are
operating contrary to law OF
course all gambling In this State
of any character is contrary to
the Ohio statutes. In other
words, it either advises the sheriff
that he must not do his sworn
duty, or it directs him to go
ahead and do it. Take your
choice"
incidentally the appeal of the
editors from the contempt sentence,
now pending before the Appellate
Court, will be founded on the line
of reasoning as outlined by Mr..
FesIer.
Mr.. Baker and his associate. Mar
cellus de Vaughn, will argue that
the judges injunction was a vain
act": that he was not rendering
a legal order at all. but just sub
scribing his name to q meaningless
tumble of sentences.
Removal Considered
Mr.. Fesler has been considering
the possibility of starting action to
summarily remove Judge Walther
from the bench, both on the ground
of the injunction ruling and that
Of the contempt, sentence.
"Under the Bender act In our
State" he said, amy 1000 voters
can cause trial Of any county Of
ficer, be he judge or not, by the
filing Of . petition charging him
with misfeasance, malfeasance,
nonfeasance or misconduct i'm Of
flee. Such petition, when filed
with the Appellate Court, makes
it mandatory for that court to set
q hearing ON the charges for a
date within period Of 80 days"