Imperial Valley press., 1930-03-06
SUSTA|NS
FREEDOM
OF PRESS
Cleveland Decision Re-
verses Judgment Given
Against Editors
ESTABLISH POIN T
Ruling Says Judge Should
Not Act AS Complain
ant And Arbiter

CLEVELAND c.. Mar. 6. U.P)-
The Cuyahoga county court of ap-
pcals today reversed contempt Of
court sentences imposed by Common
Pleas Judge Frederick 7. Walther
upon Louis b. Scltzcr and Carlton
*. Matson, editor and chief editor.
ial writer of the Cleveland Press.
Judge Walthcr sentenced Setter
and Matson TO Jail for 80 DAYS each
and fined them $500 each last sum
mcr after the defendants had writ
ten and published an editorial in
the Press criticizing the judges ac-
tion towards hCrscraeinG.
The ruling was regarded n g cstab
fishing Il new principle in the han
ding of contempt actions. Chief
Justice Willis Nickcrv, who wrote
-hc opinion, said Jud &c Walther
had abused his discretion III sitting
in trial in the ease in which he him
s,lf WAS involved.
The editorial had criticized Judge
Walthe.' for issuing officials Of
Fhistiodown racetrack writ en-
joining the sheriff of the county
from interfering with betting at the
track.
Penalty Excessive
The opinion also said that "thc
Judgment W . > manifestlv against
the weight of evidence and contrary
to law and the penalty meted ont
IS in excess Of ,llat allowed hv stat
ute. -
Although hc sat as trial Judge in
the original case Of contempt Of
court he brought against ia" cdi
tors, the Judge refused to be repre-
scnttd at the hearing Of the appeal
on the grounds that such represents
tion would he mncth.cal
" He should have referred he case
to an associate and have given his
statement rs witness rather than
IS Judge from the bench, said the
opinion.
eve live in an ag2 Of pitilcsS
publicity, an age when freedom Of
speech and a free press are para
,"ount issues. Pouic should BE- al
lowed TO say what ,hcy please and
newspapers TO print what they
please, always making themselves
liable under the laws of Slandcr and
the laws Of libel
The court declared ,hat the in
junction issued by Judge Walthcr,
which WAS criticized by the press
editorial, was of such Il nature that
not even the person violating it
could be found guilty of contempt.
"Bccausc Il m"n gets ON the
bench. II does not necessarily mean
that he has changed his temperance
ar his liability 20 get excited. y the
court said. "and if he could set
himself above the rest of mankind
and sit in Judgment on grievances
in which he is the injured party,
we would establish Il dangerous pre-
cedcn,.
Freedom Essential
'It is better for Il Judge to be
rlfflcd aud agitated than ii is TO
close the mouth of the speaker to
the public.
"ln other words, il is better that
the press be ffee, speech DC llec,
the right of asscmblagc be free, and
The right to air views be free, rather
than that they b" uttered in fear
and trembling.
"a free people must have a free
press, and must have the night to
speak freely their thoughts, -
Newton u. Baker, former sccrc-
tarv for the editors, outlined both
,ides of the ease to the appeals
ludges at their request.
"Thc injunction issued by Judge
Walthcr had been declared worth
less bv an assistant county prosecu-
tor and the county sheriff raide'
the racctrack, closing it on its open
ing day. The next day the editorial
appeared criticiling Judge Walthcr
lor restraining the sheriff from
Going his sworn duty.