The Washington times., 1929-07-29
JUDGE SCORES
Con EMP
ABUSE

CLEVELAND, July 20 U.S.l.--
sEvery disease spot that develops
ON the map Of the United States
must be- stamped out Immediately,
lest It spread its treacherOus
reach across the entire country
whether this disease be bubOnic
plague or whether II be judicial
abrocation Of the right Of free
speech"
The man who makes this state
ment is P. L. A. Leighley. former
Justice OF the Appellate Court, for.
Tner judge OF the Common Pleas
Court here and now first assistant
prosecution attorney of this, Cuya-
hoga, County.
Refers to Editors Case
Judge Leighley was making spe'
cific reference to the recent SO'day
jail sentence imposed by common
pleas Judge Frederick Walther up
. on two editors OF the Cleveland
press, who were responsible for an
editorial condemning the Judge be-
cause he had issued an unique
Injunction restraining the sheriff
from raiding betting booths at tne
Thistle Downs race track here, ~
they are not operated contrary TO
the laws Of Ohio" Continuing
Judge Leighley said:
"0f cO6rse, the lnluncIlon
amounted to nothing. therefore
IL follows that there could not
have been any contempt cOHHlt'
ted IN a comment upon non.
existent court order. But the mat.
ter Of the Injunction, itself, and
that of gambling ut the various
tracks hereabOuts. Is OF trivial
concern, as against the tremend.
ously larger issue Of judges at.
tempt to stifIe public criticism. Of
that same Judge or OF his acts.
Believes Powers UsHrped
Judge Leighley believes that, in
recent years, jurists have usurped
dictatorial authority-by virtue Of
power to punish for contempt only,
ain isolated instances" ana hasten
ed to add:
"But there Is no doubt but that
such unfair power would have
been generally bestowed by the
courts upon themselves II it had
not been for the everlasting vlgl-
lance Of the newspapers, the tri'
Dunes Of the people"
He had before him, as he talked,
an editorial published in this morn
ings Chicago Herald and Examiner,
commenting on Judge Walther's con.
tempt sentence and suggesting that
such repetitions might be curbed by |
legislative enactment. 1t was in
reference to this suggestion that ne
spoke of the necessity for hurried
action upon the appearance OF any |
disease spot on the map. lie said: /
Predicts Reversal
ut IL true +thats Judges
generally are right now afraid to
invoke popular wrath by too
greatly Infringing upon popular
rights. But, II Walther were to
get away with this sentence OF his 4
Lii the upper courts were to sus.
tain him-which they dare not do
then, there would be other judges
who would be embodied to resort
to the same tactics.
h1AUW III At lSdSt b"V ASAiVWo
on the commons pleas bench right
here who. surmise, are only wait.
ing 60 see how Walther's edict
comes out I'm the appellate court.
'The price Of liberty Is eternal
vigilance. No truer thing was ever
said"
Judge Ieighley agrees with the |
Herald and Examiner editorial, that
the legislature should put a brake |
upon the autocratic power OF all !
judges, he continued:
II have In mind. particularly"
''the curbing of courts right TO
cite for contempt when that
alleged contempt has been COM
nlitted outside of his court room.
Such a case Is represented IN the
press editorial. His decision had
been rendered in the Injunction
matter the day before the editorial
appeared. Certainly. that editorial
could not affect the judge. his
court or any latter decision that
might be made under the hypoth-
esis that the injunction come np
for dissolution or to be made
permanent.
Wants Power Curtailed
ri would have the legislature
pass a law curtailing a judges
power of contempt punishment.
would have the law SO framed
that there could be no contempt
of court committed outside the
presence Of the court, unless it
could be proved that the action
had a very definite influence upon
q matter pending before the court.
such an editorial as drew the
jaiI sentence for our two Cleveland
editors, and such an editorial as
was printed In this mornings
Herald and Examiner, are more i'm.
pOrtaHt contributions to the cause
of civil liberty than the average
individual may realize.
ut may be necessary for several
editors to go to jail. just as it was
once required that conscientious
dissenters go to the rack. But all
martyfdom. be 1t mild or be 1t hor
rible, is ultimately justified and
consequential, II it Is in behalf of
i b II TIKI g.