Evening star., 1948-07-22
Baltimore
Appears Certain
OF Court Test
Publishers Association
Lawyer Joins Fight
On Crime News Curb
by John V. Horner

tain today on the right of Balti-
more courts to restrict the publica-
ton of crime news.
Joining the National Association
Of Broadcasters in an attack on the
court rules, Elisha Hanson, attorney
for the American Newspaper Pub
lishters' Association, disclosed plans
to petition the Maryland Court of
Appeals for an order requiring that
. news gag" be stricken from the
rules of the Baltimore court.
Mr. Hanson said he had asked
the ANPA Board of Directors for
authority to take this action and
also to intervene In the case Of
five Baltimore radio stations cited
for contempt for violating the court
rules. He said there was little
doubt that his recommendations
would be approved quickly in tele-
graphic poll of the directors.
Conflict With Rulings Seen.
Mr.. Hanson, who has appeared
before the Supreme Court in three
jor contempt cases against news
papers. asserted that the Baltimore
rule Is absolutely in conflict" with
Supreme Court decisions affecting
freedom of speech and freedom of
the press.
His disclosure followed closely an
announcement by the National As
sociation of Broadcasters that its
attorneys would take active part in
the defense of the radio stations
and station news commentator
named in the contempt citations.
The Montgomery County Press
Association and the Prince Georges
County Press Association also an
nounced they would give the de-
fense such help as they could and
offered the services of their counsel
in the court fight.
Show Cause Hearing Delayed.
The contempt proceedings result
ed from newscasts concerning Eu-
gene H. James, colored Baltimore
janitor indicted in the Staying of
Carol BardWell here and Marsha
Brill in Baltimore Several weeks ago.
An order was entered in Balti-
more today extending until October
! the time in which the broadcast
ers may show cause why they should
not be held in contempt for violat-
ing court rules on criminal cases.
The order, signed by Judge Emory
H. Niles, stated that the date was
changed from August 16 because
the court yesterday postponed the
James trial from August 3 to Sep
tember 80.
Justin Miller, president of the
National Association of Broadcast
ers and formerly Federal judge,
said the NAB had sent its general
counsel, Don Petty, to confer with
the Baltimore contempt defendants.
Vital Interest Cited.
"As has been evident from my
own public utterances and from the
appearance of broadcasterS before
Congress and the various Federal
regulatory bodies" Mr.. Miller said,
"the broadcasters of America have
vital interest in any threat to
freedom of speech, regardless of its
source.
The Supreme Court of the United
States already has indicated in sew
eral decisions that an old English
rule with regard to contempt, as
practiced in Baltimore. does not
have proper application under the
Constitution of the United States.
The court rules, established by the
Baltimore Supreme Bench in 1889
forbid broadcast or publication of
statements an accused man makes
after his arrest. 1t is also deemed
improper to comment on a prison.
er's conduct, to tell what evidence
the police have discovered or to dis
cuss the accused mans past Grim
inal record. The prisoners picture,
taken while in custody, may not be
printed without his consent, under
the court rules.
Extension Proposed.
Similar rules have been proposed
for all Maryland courts by the State
Court of Appeals Committee on
Rules and Procedure. The extension
has been protested by various
groups, including the Montgomery
and Prince Georges Press Associa-
tions.
Defendants in the contempt case
are Radio Stations WITH, WFBR.
WCBM and WBAL of Baltimore and
WSID of nearby Essex. The COM
mentator cited by the court is
James P. Connolly, jr,, news editor
of WITH.
Philip j. Austensen and John w
Coffman, ir.. presidents, respective
ly, of the Prince Georges and Mont
gomery County Press Associations.
telegraphed Charles A. Roeder, as
sistant manager of WCBM, that the
services of their attorney. Joseph M
Matthias. are at the disposal of the
defendants.
Mr.. Roeder has labeled the court
rule "a quirk of censorship which
exists only in the alleged Free State
of Maryland.