Evening star., 1940-04-04
Post-Dispatrh Hits
Conviction, Says Il
Will Not Be Gagged
Publisher Pulitzer Sees
Court Action as Threat
To Freedom Of Press
By the Associated Press.

to the American principle of freedom
OF the press, Publisher Joseph Pu-
liter in an editorial today declared
the newspaper would not be ''intimi-
dated, shackled or gagged"
The statement was signed by Mr.
Pulitzer, son of the founder of the
Post-Dispatch. 1t was the first edi-
torial signed by him to be printed in
the newspaper.
Circuit Judge Thomas j. Rowe
who initiated the contempt action
fined the Post-Dispatch $4,000 yes
terday because of two editorials and
a cartoon criticizing dismissal in his
court of an extortion charge against
State Representative Edward M
Brady.
Ralph Coghlan, editor of the edi-
torial page, was sentenced to 20 days
in Jail and fined 5000 and Daniel
r. Fitzpatrick, noted cartoonist, was
sentenced to 10 days and fined $1O0
A contempt citation against Man.
aging Editor Ben H. Reese was dis
missed.
Writ Filed Later.
AS soon as Judge RoWe'S decision
was announced, the newspapers
counsel prepared the necessary
papers and two attorneys drove to
the State capitol at Jefferson City
where applications for a writ OF
habeas corpus for Mr.. Coghlan and
Mr.. Fitzpatrick and writ of certi-
orari for the newspaper were filed
with the Missouri Supreme Court.
The court ordered the two news
men freed on $500 bond each pend
ing a hearing on Judge Rowe's con-
tempt judgment and issued "stoI
order" blocking temporarily enforce
ment of the fine against the Post
Dispatch.
The order directed no further
action in the case temporarily, gave
the Post-Dispatch five days to file
suggestions in support of it's plea,
the State attorneys five days there
after to answer in opposition and
the newspaper five additional days
to reply to the opposition.
After that the case will go into
the court for a decision whether
to issue the certiorari and review
the contempt case. The next Su-
preme Court conference is tenta-
lively set for early in May.
Held in Sheriff's Custody.
Mr.. Coghlan and Mr.. Fitzpatrick
had been held in custody in the
Office of Sheriff James j. Fitzsim-
mons. Judge Rowe had said in
court that he did not want these
men rushed to Jail without having
the proper opportunity to make
their arrangements
Mr.. Brady and John P. Nick, de-
posed head of the Motion Picture
Operators Union in st. Louis, had
been indicted Jointly on the extor-
ton charge, resulting from an al
legged payment of $4,000 by theater
owners in 1886 to forestalI a wage
increase.
Judge Rowe last January IL sus-
tanned defense demurrer at the
trial of Mr.. Nick and on March 4,
at Judge Rowes suggestion, Circuit
Attorney Franklin Miller dropped
the charge against Mr.. Brady.
Under the caption "The Post
Dispatch Will Not Be Gagged" Pub
Usher Pulitzer, in his editorial today
reviewed the contempt proceedings
briefly, and then stated:
"The real issue in this case has to
do with the most sacred part of the
Constitution of the United States
the Bill of Rights. This Bill OF
Rights is the very heart of the
American form of Government. It
consists of the first 10 amendments
to the Constitution. without the as
surance of which the Constitution
Itself would never have been adopted
The reason for this lay in the fears
of the young American tradesmen
farmers and lawyers who drew up
the Bill of Rights that they were in
danger of losing those liberties for
which they had risked their lives in
the American Revolution.
Liberties Symbolized.
"Those are the liberties which the
Statue of Liberty so dramatically
symbolizes. They are the liberties
that spell American human freedom
that freedom which represents the
burning, scorching, blazing differ
ence between American democracy
and German National Socialism
italian Fascism and Russian Com
munism. Those liberties give every
good citizen in the United States
within certain eminently proper
limitations, the right to worship as
he pleases, speak as he pleases, as
semble and criticize as he pleases
ana edit newspaper as he pleases.
This last right is known as free
dom Of the press. It's guarantee is tc
be found in the first amendment tt
the Constitution of the United
States, which reads as follows:
congress shall make no law re-
specting an establishment of religion
or prohibiting the free exercise
thereof; or abridging the freedom o1
speech or of the press; or the right
Of the people peaceably to assemble
and to petition the Government fol
a redress of grievances
"A similar provision stands in tn
constitution of Missouri.
"Out of this amendment restrain
ing Congress from abridging tn
freedom of the press there has grown
in this country a code of law, includ
ing countless decisions of the courts
protecting the press from unwar
ranted attacks, not only by Congress
by the State Legislatures and by tn
Executive, but by the courts them
selves.
what has freedom of the press t.
do with this charge Of contempt?
Record Is Cited.
"For years the Post-Dispatcf
striving to comply with the provi
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