The American JudiciaryBaldwin, Simeon E. (Simeon Eben)
History
The American Judiciary
Baldwin, Simeon E. (Simeon Eben)
Courts -- United States; Law -- United States -- History
In the heat of a political campaign men do not always stop to
measure words or weigh questions of propriety. The personal
character and public acts of an opponent are a legitimate subject
of description and comment. Sharp attacks must be expected as a
natural incident of such a contest, and by candidates for
judicial office as well as others. The public record of all for
whom votes are asked at a public election must be the subject of
open criticism, or there would be danger that unworthy men would
succeed. To treat such observations as have been quoted upon
opinions previously written by a candidate for re-election,
however unseemly or unjust, as a contempt of court would be
indirectly to impair the right of free suffrage.
If assertions published as to acts done or words said are false,
it does not follow that they are libellous. An honest mistake
may be a defense for such a misstatement.[Footnote: Briggs
_v._ Garrett, 111 Penn. State Reports, 404; 2 Atlantic
Reporter, 513.]
Judges of trial courts, when candidates for re-election, may
expect the publication of similar attacks on rulings which they
have made. The following dispatches, which appeared in the same
issue of a local newspaper in Pennsylvania in 1903, when a county
election was soon to occur, will sufficiently illustrate this:
HOT JUDICIAL FIGHT PROMISED FOR MERCER.
COUNTY WILL BE SCENE OF AN INTERESTING
STRUGGLE FOR SEATS IN THE
LEGISLATURE.
Sharon, Pa., Dec. 25.--From present indications the coming
judicial fight in Mercer County will be a bitter one. Public
interest centers in the efforts of Judge S. H. Miller and his
friends to secure a re-election, and the attempts of his
opponents to place A. W. Williams of Sharon on the bench
instead. While the sole topic politically is on the judgeship,
the twenty or more candidates for Assembly are not losing the
opportunity of fixing their fences. They, too, have assumed a
reticence in regard to the matter of the judgeship. It is
expected that on the last lap of the race Williams and Miller
will be the only two men remaining. There are three other
candidates for the Republican nomination who have thus far
announced themselves. They are: W. J. Whieldon of Mercer;
W. W. Moore of Mercer, and L. L. Kuder, burgess of Greenville.
Judge Miller and A. W. Williams are the closest of friends.
JUDGE MILLER ASKS FOR MODERATION. BARS PURE
FOOD PROSECUTIONS BY REFUSING TO
SENTENCE THOSE CONVICTED.
Public-domain text, read in full here on John Shaqi.
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