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Editorial
February 21, 1913
The Idaho Republican
Blackfoot, Bingham County, Idaho
What is this article about?
This editorial condemns the Idaho Supreme Court and a Missouri circuit judge for jailing and fining newspaper editors on contempt charges, viewing it as an attack on press freedom that ignores public sentiment and boosts calls for judicial recall. It stresses the need for honest judicial criticism to sustain free institutions.
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CONTEMPT OPINION.
The press of the nation is teeming with editorials on "contempt of court." Growing out of the actions of the Idaho and the Missouri cases, in which the Idaho Supreme Court sentenced to jail and fined the editor owner and manager of the Capital News, and in Missouri, a circuit judge attempted to throw Col. "Bill" Nelson editor and owner of the Kansas City Star in jail for alleged contempt. Without entering into the merits of the cases which have so aroused the press of the nation. We will say there has not come, so far, under our observation a single instance where the press has either in its news columns or editorial department had anything to say, which could in any way be construed into an endorsement of either court's action. We fear the arbitrary action on the part of the courts named, will in the end be far reaching in effect upon the minds and actions of the people. The action in both instances was a total disregard of the temper of the times.
The most dangerous enemy to the independence and integrity of the judiciary to-day, is the judge who misuses the processes of the court intended for the punishment of contempt to throttle free, honest and intelligent criticism of every judge or judgment.
It is, to say the least of it, most discouraging to those who have been and are opposed to the recall of judges and of judicial decisions, to find upon the bench such arrogant disregard of the temper of the times as that so recently manifested by the courts named. Any member of the bench who are disposed to stand with these judges in their effort to throttle fearless criticism of what is declared by no less authority than the president of the United States, to the national disgrace, should take to heart the demand recently made in New York reforms in judicial procedure, which Mr. Nelson, through his newspaper, has been advocating.
As a direct step toward such reform the New York judge expressly urged honest and intelligent criticism of the courts and their decisions, and the judge was preeminently right. Just such criticism is the life of free institutions, and the courts are no exception.
The actions of the Idaho and Missouri courts has but added great impetus to the demand for the recall of judges and judicial decisions.
The press of the nation is teeming with editorials on "contempt of court." Growing out of the actions of the Idaho and the Missouri cases, in which the Idaho Supreme Court sentenced to jail and fined the editor owner and manager of the Capital News, and in Missouri, a circuit judge attempted to throw Col. "Bill" Nelson editor and owner of the Kansas City Star in jail for alleged contempt. Without entering into the merits of the cases which have so aroused the press of the nation. We will say there has not come, so far, under our observation a single instance where the press has either in its news columns or editorial department had anything to say, which could in any way be construed into an endorsement of either court's action. We fear the arbitrary action on the part of the courts named, will in the end be far reaching in effect upon the minds and actions of the people. The action in both instances was a total disregard of the temper of the times.
The most dangerous enemy to the independence and integrity of the judiciary to-day, is the judge who misuses the processes of the court intended for the punishment of contempt to throttle free, honest and intelligent criticism of every judge or judgment.
It is, to say the least of it, most discouraging to those who have been and are opposed to the recall of judges and of judicial decisions, to find upon the bench such arrogant disregard of the temper of the times as that so recently manifested by the courts named. Any member of the bench who are disposed to stand with these judges in their effort to throttle fearless criticism of what is declared by no less authority than the president of the United States, to the national disgrace, should take to heart the demand recently made in New York reforms in judicial procedure, which Mr. Nelson, through his newspaper, has been advocating.
As a direct step toward such reform the New York judge expressly urged honest and intelligent criticism of the courts and their decisions, and the judge was preeminently right. Just such criticism is the life of free institutions, and the courts are no exception.
The actions of the Idaho and Missouri courts has but added great impetus to the demand for the recall of judges and judicial decisions.
What sub-type of article is it?
Press Freedom
Legal Reform
What keywords are associated?
Contempt Of Court
Press Freedom
Judicial Reform
Recall Of Judges
Court Criticism
Idaho Case
Missouri Case
What entities or persons were involved?
Idaho Supreme Court
Missouri Circuit Judge
Col. "Bill" Nelson
Kansas City Star
Capital News
President Of The United States
New York Judge
Editorial Details
Primary Topic
Criticism Of Court Contempt Actions Against Press
Stance / Tone
Opposed To Arbitrary Judicial Actions Suppressing Press Criticism
Key Figures
Idaho Supreme Court
Missouri Circuit Judge
Col. "Bill" Nelson
Kansas City Star
Capital News
President Of The United States
New York Judge
Key Arguments
Press Universally Condemns The Courts' Actions In Idaho And Missouri Cases
Arbitrary Court Actions Disregard The Temper Of The Times And May Influence Public Opinion Negatively
Misuse Of Contempt Processes By Judges Threatens Judicial Independence
Opponents Of Judicial Recall Are Discouraged By Such Arrogant Judicial Behavior
Honest Criticism Of Courts Is Essential For Reform And Free Institutions
Court Actions Fuel Demands For Recall Of Judges And Judicial Decisions