Salt Lake Herald-Republican | 1913-04-20 | Page 41 | Editor Nelson

ft z P 4 w pa Editor Nelson NelsonS S the tIle Superior court of Missouri approve c the thc report of v- v the commissioner Editor W. W R. R Nelson of tho the Kansas City Star will be relieved relie of the charge of cont contempt of court lodged against him b by Judge J Guthrie After examining the evidence adduced and investigating the record of the proceedings the commissioner finds that the jurist erred in holding the thc veteran editor guilty It is probable that Judge Guthric's Guthries frank admission that he lie had actually actually actu actu- ally any prepared his hie deci decision ion against Editor Nelson before ascending the bench to try the case had much to do with the tho conclusions reached by tho the commissioner It is doubtful whether even the o offending jurist himself will complain should the higher court indorse the commissioners commissioner's report and reverse C him The principle which he Jle hoped to establish was wa undoubtedly begotten in anger the precedent he promulgated was wac wasso wasso so manifestly incompatible with the institutions of a free people n aa as to threaten ultimately b the integrity o of the courts themselves es The offending publication in tho Star W was a reflection upon the probity of tho the court but it purported to be a recital of fact which was susceptible of if untrue If the latter it was violently libellous and the injured official had his l s plain remedy I under the stringent libel law of Missouri By failing to proceed lawfully and by bJ seizing and exercising a privilege ge impossible to any other citizen or any official of nn any other branch of government government govern govern- ment Judge Guthrie Outline brought his court into that contempt against which he ho alleged to be bc endeavoring to defend it Editor Nelsons Nelson's article may have been libellous essentially it u.- u. I. I nt tonn nt t c i nn n 1 t. t it 1 4 u 1 VL V VU charge the judge was s seeking f personal revenge rather rathe than ti maintenance main main- ii of the dignity of his Ills court Attacks upon the judiciary should be punishable and they are punishable in the thc way open to all nIl citizens But prosecution for indirect constructive contempt of court is going out of fashion in America because of the elasticity of the thc term tenn itself it is so broad that it may cover even an altercation with a jurist in a n public thoroughfare or the intimation in the columns of a newspAper newspaper newspaper news news- paper that he lie is an indifferent golf pla player er Infliction of penalties under it is unlawful and always have been it has been based upon a supposed inherent power impossible in a country where there is no official power except that which the tho people specifically delegate a i Pa u r Wa