Evening star., 1954-04-28
Fight to Keep Public Informed
Is Making Gains Survey Shows

had been mo unanimity" on
his request.
IllinOis-The Budgetary Com
mission of the State Legislature
on March 3 agreed to open its
hearings to newsmen after fight
led by the Freedom of Informa-
tion Committee of the Associated
Press newspapers in Illinois.
20 committee also plans a
clinic d. "'ringf1eld on May IA,
with the Governor and other
State officials participating with
newspaper, radio and television
representatives.
Discussions will include the
rights of access to State offices,
legislative hearings, legislative
sessions and the courts.
New York - Manhattan Dis
trict Attorney Frank S. Hogan
clamped down on announcements
from his Office relating to pur-
ported criminal confessions.
Mr.. Hogan said he had no
thought of trying to censor the
news, but felt it his duty to with
hold any information relating to
a confession until a court has
decided whether or not it is a
confession"
He termed this a protection to
the defendant and his guarantee
of a fair trial, inasmuch as 1t
might develop later that the
confession was obtained by force
or through improper promises.
A short time previously. the
New York State Bar Association
had temporarily tabled COM
mittee proposal to withhold
much criminal information in
advance of courtroom trial.
Newspapers and press associa-
tions assailed the plan.
Mr.. Hogan said his policy had
no connection with the proposal.
A major case last year CEN
tered around Minot F. Mickey
Jelke. oleo heir. who was con-
victed in New York on vice
charges relating to compulsory
prostitution.
Judge Francis L. Valente of
the General Sessions Court
barred the press and public from
the courtroom during presenta-
ton of the States case against
Jelke.
The judge said he felt that
lurid testimony of admitted call
girls might endanger public
morals. and that under law he
had the power to close the court.
New York newspapers and two
press services protested the ban.
to no avail.
They then appealed to the
State Supreme Court, which re-
fused to nullify Judge Valente's
action.
Continuing the battle, the
press group took its case to the
Appellate Division of the State
Supreme Court. The court pom
dered the matter, and in the
meantime the Jelke trial pro-
ceded to its conclusion.
Finally, in 80 decision, the
Appellate Court sidestepped any
decision as to whether press and
public were lawfully barred from
the trial.
The majority opinion said
freedom of the press is not in
volved," and the the press lacked
"the right to institute this pro-
ceeding."
1t added that Jelke himself
was the proper person to appeal
if he felt that Judge Valente's
order interferred with mis- right
to a fair trial.
The minority of the court said
in an opinion that the trial
should have been kept open.
1t said the public had a his
toric right to know what was
taking placing in the courtroom.
Furthermore, it added that no
one ever wanted to close the
court in numerous prostitution
cases occurring in years gone by.
Jelke eventually was sentenced
to a three-to-six year term, and
appealed on the grounds that
he was not given a public trial.
AS yet, there has been no de-
ciSion by the Court of Appeals.
Virginia-The Legislature re-
Gently ended a session which
newsmen said produced far less
trouble than ever before with
executive or closed sessions.
New Hampshire-The Clare
mont Daily Eagle won at least
partial victory in a long battle