Evening star., 1948-07-22
Cour May Test
Maryland Curb
On Crime News
Publishers Urged
To Intervene in
Contempt Cose
bulletin

Elisha hanson, attorney IOr
the American Newspaper Pub
fishers Association, said today
he had recommended that the
ANPA intervene in behalf of
Baltimore radio broadcasters
cited for contempt of court
because of recent crime news
reports, and further that the
Maryland Court of Appeals be
petitioned to order the Balti-
more gag" be stricken from
the lower courts rules.
A decision of Baltimore radio
stations to fight contempt pro-
ceedings brought against them for
broadcasting crime news which the
courts said had been forbidden. to-
day appeared to be leading to a
test of court rules proposed for
adoption throughout Maryland.
Simultaneous with the announce
ment by a station official that the
contempt citations would be fought,
the National Association of Broad
casters here declared its attorneys
would take active part in behalf
Of the defendants.
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
ianitor 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 8 to Sep
tember 80.
Justin Miller, president of the
National Association of Broadcast.
ers and formerly a Federal judge
said the NAB had sent its genera
counsel, Don Petty, to confer witt
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 tne various Fedora
regulatory bodies" Mr.. Miller said
the broadcasters of America have
a 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 1899
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 bs
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 cast
are Radio Stations WITH, WFBR
WCBM and WBAL of Baltimore anc
WSID of nearby Essex. The com.
mentator cited by the court i.
James p Connolly, jr., news editol
of WITH. q
Philip j. Austensen and John w
Coffman. jr., presidents, respective
ly, of the Prince Georges and Mont
gomery County Press Associations
telegraphed Charles A. Roeder, as
sistant manager of WCBM, that thu
services of their attorney, Joseph M
Matthias, are at the disposal of th'
defendants.
Mr.. Roeder has labeled the cour
rule "a quirk of censorship which
exists only in the alleged Free Stat,
of Maryland