FIGHTING FOR A FREE PRESS
Cochran, N. D.
Fighting For a Free Press By N. D. COCHRAN Editor of the "Toledo News-Bee" THE PRINCIPLE involved in the contempt proceedings started by ii. S. Judge Killits against the Toledo News-Bee and me...
...I do not believe that a misunderstanding of the powers of courts by the people, which leads to awe of judges instead of love of justice, is wholesome...
...I am opposed to government by courts, but I am also opposed to government by newspapers...
...But the newspaper did keep up the fight against granting the street railway company a franchise...
...In the present situation, in which my personality happens to be involved, I hope the outcome will make plain to all citizens just what their rights and privileges are, and how far they may be abridged by two-legged human beings who happen to be judges of courts that were created by the people...
...I didn't know him and had no feeling one way or the other...
...If this theory be correct then I began to be in contempt of court the day I began fighting a franchise ordinance that some day might happen to get before a federal judge...
...That is all...
...I didn't even feel that his temporary injunction against the city had vitally affected the public rights in the franchise issue...
...And we embraced the opportunity...
...S. Judge Killits against the Toledo News-Bee and me as its editor is of such great importance to the public that the personal interests of both Judge Killits and myself are insignificant...
...Bear in mind the situation...
...It would harm rather than help to becloud the issue with the personal interest of either Judge John M. Killits or N. D. Cochran...
...I did not even criticize the court for issuing the injunction...
...That kind of contempt every citizen has a right to have...
...The public knew nothing about contempt of court in its legal significance...
...The principle ' involved is far bigger than either of us...
...And I believe that nobody but a judge himself can make his court contemptible, just as I believe that an editor can make his newspaper contemptible by a contemptible editorial and news policy...
...In the meantime as the injunction against the city was merely temporary the matter was still in the bowels of the court...
...The fight had been on since 1903, when I called upon the citizens of Toledo to present a petition-in-boots to the city council to protest against that body passing a franchise ordinance over the veto of Mayor Samuel M. Jones...
...The influence of such citations for contempt was noticeable in Toledo after I had been cited before Judge Killits...
...So it appeared to be an opportunity to determine the rights of newspapers and citizens in their relation to federal courts, with no unpleasant or confusing issues creeping in...
...This feeling had been heightened by the citation of John Quinlivan, officer of the Central Labor union, for contempt for criticizing Judge Killits in a speech at the labor union hall...
...In fact, free speech bad been stifled by these contempt proceedings not because Judge Killits had any such purpose, but because the people didn't know their rights and were in awe of a federal judge and afraid of his arbitrary power to punish...
...Fighting For a Free Press By N. D. COCHRAN Editor of the "Toledo News-Bee" THE PRINCIPLE involved in the contempt proceedings started by ii...
...The matter never got in the federal court until January of this year...
...For that reason I have instructed my counsel that the matter must be fought to a finish to "determine definitely the rights of newspapers, federal judges and citizens generally in their respective relations...
...They had the idea that a federal judge could yank any citizen before him, read him a severe lecture, and send him to jail...
...Men were afraid to discuss him or his temporary injunction on the streets...
...Contempt for contemptible courts is only contempt for contemptible judges who inspire contempt by contemptible conduct...
...Judge Killits said, and I quote from the stenographer's transcript: "There has never been remotely the opinion that the court had any right to resent in this way mere abuse of, the judge of the court, however libelous, vile and untruthful it may have been, nor any notion that the court had any right to say to your clients, or to any other newspaper, published anywhere, that they might not discuss the proceedings in the court, or that it might not discuss the proceedings in the court, or that it might not most severely and caustically criticise the judge of the court for an action accomplished by the court...
...For eleven years the News-Bee had opposed the granting of a franchise to the local street railway...
...So it was not any criticism of any order or act of the court that annoyed him and obstructed the administration of justice, but all of the editorials, news articles and cartoons through a series of years, that created a public sentiment against the street railway Company, and hence annoyed the court and made it embarrassing for the judge to administer justice in this franchise matter...
...As I see it the main contention of Judge Killits is astounding...
...In his argument from the bench with counsel he said that none of the publications cited in his charges of contempt is in itself contemptuous...
...Fortunately there had been no savage denunciation of Judge Killits...
...Immediately after I had been cited for contempt of court representatives of the street railway company reopened negotiations with the city council for a franchise, and sought to hurry those negotiations along...
...And when Judge Killits finally completed his charges against me he went back to 1903, long before he was on the bench, and charged that I continuously opposed the street railway company, even up to last year when all parties were pledged to a 3-cent fare...
...So it seemed to me an excellent opportunity for public education...
...I have criticized judges in the past and will keep on criticizing them when I think such criticism will serve a wholesome public purpose...
...And all of the present trouble with the court grew out of a temporary restraining order issued by Judge Killits about two weeks ago...
...Free speech and a free press are involved, and that makes any punishment of an individual, even temporary loss of liberty, of little consequence...
...I would have everybody love justice and respect a just judge, but none of us is under moral or legal obligation to respect injustice or unjust judges...
...The only question here is this: Is not the court to be permitted, while it is cogitating and determining upon its relations to a pending proceeding, to be submitted to it, or already submitted to it, is not that court to be permitted to transact that business without annoyance...
...Newspaper editors are better posted on their rights, although some of them are timid with fear of iron bars, jails, cells and other uncomfortable things and places...
...If Judge Killits' contention is correct, then I would not be permitted to keep up the fight against granting that franchise, even if there were imminent danger of the will of the people being thwarted while my mouth was closed and my newspaper dumb because of a judicial muzzle...
...He charges that this was because of sentiment created by the News-Bee...
Vol. 6 • October 1914 • No. 42
