Evening star., 1932-10-10
POLITICAL FORCE
IN JUSTICE IS HIT:
Bar Association Delegates
Discuss "TriaI by News
paper" at Session.
Continued From First Page)

day-to-day developments in sensational
cases.
Trial by newspaper" he continued,
sis specifically a fault of the press.
The newspapers are. the visible target
for the charge of interfering with JUS
tice-a charge which can neither be
refuted nor evaded. But that fault OF
the press is inextricably entwined with
another in which the judiciary and the
press are equally active and equally
culpable. I refer to the exchange OF
official information for publicity. News
papers, especially of the sensational
type. want much more than mere facts
Of record. They want inside dope ad-
vance tips, sidelights, discussion, opin-
ion. Such information is valuable
commodity to them. Officers OF the
law-including judges, prosecutors, law
yers, police and sheriffs-have that
mmodity to sell, in return for the
resulting publicity, which is equally val
liable to them.
Due to Weakness of Courts.
"This exchange Is so potent in its eff
fects that at times one gets an impress
sion that the newspapers dominate the
Judiciary But if that appears to be
true-and if in some cases it really is
true-it is not because the newspapers
are strong, but because the courts are
weak.
TT is an error to think that the pub
licity-seeking official thus serves the
newspaper primarily in order to win
its support at election time. or because
Of fear of editorial opposition. What
he more often seeks is continual pat
ter of publicity, year in and year out.
He wants to be mentioned. quoted. pic
tlred-iust like movie star. If he
gets that the election will take care OF
itself Newspapers can keep dema-
rop1le Judge in office without ever men
fionine him in their editorial columns
or ever expressing an opinion IN MS
favor. It pays to advertise.
Two Courses Suggested.
The speaker said remedial action
against trial by newspaper ana tlie
exchange of legal news Tor puoHclty
must take one of two courses. One
he said, is through moral lnnuence'
self-applied by the press, and the 9al,
or brought to bear upon them. ine
other. he declared, is positive regula-
Expressing doubt that the remedy
ran be supplied through self-lmprove-
ment of the press the speaker pointeo
ont that one newspaper CANNOT marcn
yery far ahead of its competitors In
the treatment of news when they are
serving the same general public, ana
that some concession must be mace 10
the demands Of readers whose stand
ards are below the highest.
The possibilities through improve
ment of the bar, he continued, are
more encouraging.
THE law, unlike Journalism, Is
closed field of activity, protected py
certain standards of entrance ne
said The bar, therefore. can be made
fully self-regulating through proper
inteeration. With an integrated par,
exercising positive control ever stand
ards of admission and conduct, much
could be accomplished in holding law
yers to ethical conduct. But even tnat
would rot be sufficient to stop the
traffic in official news. The methods
of that traffic are too subtle, ana lts
motives are too powerful
Public Opinion Cited.
He mentioned public opinion, set In
motion bv the bar and the press, acting
alone or together, as third channel
through which moral influences might
be exerted.
Mr.. Perry said that while newspapers
NAV aid to some extent in the election
of a desirable judge, they can hardly
be expected to openly attack another
Judge because of the risk OF libel suits
or contempt of court proceedings. He
said the latter power is sometimes
abused by the judges. He said he re-
called a recent gangster murder case in
a large city when the conduct OF
demagogue Judge disguised the better
class of citizens.
mo newspaper in the city dared to
say what the facts justified, even when
the case was legally ended by an ac-
uuittal," he declared. One publication
frankly stated that it abstained from
comment on the case from fear OF what
such a Judge might do"
He said. THE primary system, which
In my opinion is the curse Of contem-
porary American politics, has completed
the ruin of the elective method OF
choosing judges"
The speaker indicated his belief that
the old convention system was superior
to the primary method.