Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-07-27

Demands for an authoritative decision
by some high court on the right OF
judges to act as complainant, prosecu-
tor and jury in cases involving alleged
contempt of court come from the press
generally as a result of Jail sentences
imposed upon the editor and an edito-
rial writer Of the Cleveland Press for
criticizing an Ohio court.
1T Is high time" declares the Chi
cago Daily News, that the issues pre-
sented in the Cleveland case were
decided deliberately, after full discus
sion. by the highest court OF some
State. The important question
is whether the editorials, published
while the case was pending, were calcu-
lated to obstruct justice and reflect upon
the integrity of the judge. If they were,
the contempt was plain. If not, the
journalists merely exercised the right
Of free discussion and proper criticism
of public servants" The Daily News
explains that the editorials to which
the court objected attacked the issuing
of an Injunction which prevented the
suppression of contribution betting" at
a race track.
After stating the general understand
ing of the law, that criticisms OF
Judges and discussion Of the merits OF
law suits while under consideration are
forbidden on the theory that such press
criticism might tend to sway the mind
of the Judge and jury" but that 1T Is
not the common understanding that II
is done at all for the mere personal
protection of the court" the Madison
(Wis.) State Journal says: 1T would
seem bad policy, indeed, were judges
made immune to criticism OF their
judicial acts. Certainly that would not
be free speech. To withdraw judges
from the Christening influence of public
opinion would be dangerous proceed
ing in q country whose Fundamental
law rests upon the idea of majority
rule, of freedom of opinion, without the
exercise of which the very functioning
of republican government would cease
\ \ y
1.-THE American Bar Association" recalls
the Charleston Daily Mail, has been en-
deavoring to reform the law and pro-
cedure under the law, but lawyers as
well as the law move slowly. rms
association may we'll take up the law
of contempt. Two things must be pre-
served in this country-respect LOT the
| judiciary and the freedom OF the press
| in the matter of criticism OF pubic
officials. Neither is perfect; potn are
necessary. The public good demands
that both be preserved"
sIt detracts nothing from the re-
spect and consideration due to our
courts" in the opinion Of the st. Louis
| Globe Democrat, ito emphasize the
| idea that judges are servants OF the
people, like those selected for other
preferment, and that days Of reckoning
may come with demands for an ac-
counting, on their records to the pub
lie or those who voice the public's de-
sires and opinions. That Is the very
essence Of free speech and free press.
The Altoona Mirror also CONTENDS:
| 1.-THE courts are entitled to the con-
fidence and the respect Of the press
/ as well as of the community and
| Judge should be exempt from criticism
except under extraordinary circum-
stances. Nevertheless, the right TO
| criticize under certain conditions is an
| inalienable one and should be fearlessly
| exercised when all other methods OF
securing justice have failed"
why shouldn't the findings OF
| Judge be criticized, and why should
| Judge have a weapon called contempt
of court that he can Unfortunately
use In sending to jail those who regard
| his official acts as wrong?" asks the
| Portland Oregon Journal. The st.
Louis Post-Dispatch contends that sit
| is the business of the press to de-
] nounce public evils and when q race
track becomes public evil coura-
geous press spares neither it nor its
defenders"
y \ \
"The act Of the Cleveland editors
was not an act of disrespect for courts.
It was q Just and necessary action pro-
motion of responsibility" maintains the
Dayton Daily News, while the Sioux
City Tribune argues that "the judges
action was no more immune to opinion
and comment than would be the action
] Of city councilman or a rural justice
of the, peace" The jackson Citizen
Patriot. feels that EFT IL unthiukable