JUDICIAL JOURNALISM.
THE future of the Times is still undecided. It appears that, owing to the opposition of a large body of share- holders, the arrangement provisionally made by Mr. Arthur Walter with Mr. Pearson has come to an end, and with it the scheme under which the Times, the Standard, the Evening Standard, and the Daily Express were to be under one control, and printed and issued from Printing House Square. The difference of opinion between the various proprietors of the Times still continues, however, and the action brought by Dr. Sibley for the winding up of the partnership under which the Times has hitherto been con- ducted is still before the Courts. It would appear that the original efforts made to reconstruct the partnership on the basis of a limited liability company have failed, and that the Court has now given an order for the sale of the Times. There is, of course, nothing strange to lawyers or men of business in such a procedure. When partners cannot agree as to the conduct of their business, and appeal to the Courts, the usual practice is to order a dissolution of the partnership and a sale, sometimes a sale among the partners themselves, sometimes a public sale, as the Court may deem best in the interests of all concerned. The duty of the Judge is to protect the property from waste, and to see that the assets are divided in a just proportion. No doubt if the Court decides that the best plan is to get the highest cash value for the business and then to divide the cash, a public auction with a reserve price is often the most satisfactory method of procedure. If, however, the Court asks for what are, in fact, schemes of reconstruction to be laid before it, it would not, we presume, be bound to accept the nominally highest figure. That is, if the partners are to be paid off, not in cash, but in shares of a new company, then the Court would presumably consider the form of the company, the proposed direction, and generally whether the Board would be likely to conduct the business in a war which would secure its permanency and ultimate profit. If we are right in this view, the Court will now proceed to examine a number of proposals that will be placed before it for carrying on the paper and securing the material interests of the various proprietors. This is what is, we conceive, meant by the statement of Dr. Sibley's solicitors : " If any one desires to make a proposal for the purchase of the Times and will send his proposal to us, it will be duly brought before the Judge."
It is not for us to suggest any particular plan for the reconstruction of the Times, or to criticise the schemes which are now alleged to hold the field. To do so would be an impertinence which might very naturally be resented, not only by Mr. Arthur Walter and the members of his family, but also by their co-proprietors. The property is their property, and it is for them to adjust their various interests and not for outsiders to interfere. At the same time, the Times is so great a national institution, and its power to influence public opinion and to make a profit for its owners rests so largely upon that fact, that we may, we think-, without offence say something as to what we hold should be the ideal of the Times, and express the strong hope that whatever may be the ultimate changes in pro- prietorship that ideal will be maintained. In our opinion, what is wanted in regard to the Times, and what the public ought to desire, and do in fact desire, in their chief daily organ of public opinion, is that it should be what we may term a judicial newspaper. Judicial journalism should be the goal of the Times. By judicial journalism we mean a journalism in complete contrast to that journalistic advocacy which marks the ordinary daily newspaper. Against the journalism of advocacy we have not a word to say. It fills a real want in our public life, and is quite as legitimate and forms quite as honourable a profession as the advocacy of the Law Courts. A newspaper may very properly represent a particular party or political group in the State, and may take up the attitude that it is its business not so much to offer judgment on the facts as to urge with as much strength and ability as it can its own line of argument. Just as able and honourable counsel concentrate their thoughts and energies upon one side of a case, and exhaust all the resources of their training and experience to influence a Judge or a jury, so the newspaper advocate is perfectly justified in speaking as if the view it represents were the only possible view. We will go further, and say that not merely is such journalistic advocacy legitimate, but that it is actually useful. Our wisest Judges have always held that the speeches of counsel are of immense advantage to them in understanding and deciding a case, and that without such help they would often find themselves in considerable perplexity. So the public may feel that it gains a great deal by seeing the best that can be said for each side urged daily by the newspapers of the two parties ie the State. If, indeed, one party is not adequately represented in the Press, there is a real danger of the public verdict being given on insufficient grounds.
But while journalistic advocacy meets a real want in the State, there is also a place for judicial journalism, for a journalism which strives to fulfil the functions of the Judge in his summing up rather than that of the barristers on either side. It is by no means necessary that such judicial journalism should be ineffective or inconclusive, or that it should halt between two opinions. A Judge can, and , must, make up his mind on the merits of the case before him when he charges the jury ; and, again, when he thinks it necessary, he ought to, and can, reflect in the strongest way upon base and unworthy actions or motives. Finally, he may censure or praise individuals according as he deems them worthy or unworthy of confidence. But though the journalism of which we speak need not be weak because it is judicial, it must maintain throughout an attitude of fairness and impartiality. Though it must take a firm line, it must never conceal the merits of the 'view which on the whole it considers to be unworthy of adop- tion. Again, it must not impute motives, or endeavour to belittle unfairly those to whose views it is opposed. It will never rely upon the aits of the rhetorician to prejudice a man or a cause, but will deem all causes worthy of an impartial hearing and a just analysis. Not only will its columns, as far as physical conditions permit, be open to " the other side," but it will in its comments make every endeaVour to understand, even when it most condemns. Finally, such judicial journalism will always be essentially national in its character. Ite motto will be that the King's Government must be carried on, and while acting as the candid and straightforward friend of the Government in power, it will, while that Government remains in power, do its best to support it as the representative of the nation. This desire to support where it can the Government of the day, especially in its relations with foreign nations, the Colonies, and the great national Services, will not, of course, prevent wise criticism, or even strong opposition to Ministers, But even when it may be obliged to oppose the Government in power it will never take up the attitude, legitimate enough in a party Opposition, that it is the sole business of an Opposition " to propose nothing, to oppose everything, and to turn out the Government."
A great deal more might be said, had we space, about judicial journalism,—how it must support national institutions like the Church, while at the sane, time rendering strict justice to the Nonconformist bodies of all kinds ; and how in business, while representing the permanent and conservative elements, it must be careful to give no one the right to say that it is the supporter of monopoly. Again, in science, in literature and art, while keeping the true central position, it must not only not discourage, but must as far as possible secure the freest opportunity for, " the young plants of grace" to grow and develop in every field of human activity. It must, in a word, remember so to be conservative as not to forget that an essential of true conservation in the living organism is growth and change. The oak which does not grow and put forth leaves is a dead thing, a ruin, not a tree. It would, however, take, not a newspaper article, but a volume, to define in detail the true attitude of judicial journalism. Suffice it to say that the judicial publicist will know how to maintain the " Left-Centre" and moderate position without ever falling into obscurantism or the pedantries of those who make non possumus the beginning and the end of their political creed.
It must not be supposed that in writing thus on judicial journalism we imagine ourselves to have made some wonder- ful new discovery, or contend that the Times has not hitherto practised the art we preach. On the contrary, we believe that whenever it has been at its best the Times has given us sound and vigorous examples of judicial journalism, and that of late years, though there may have been occasional blunders—and who does not blunder in politics and public conduct ?—the paper as a whole has been in the best sense judicial and national in tone, and has repre- sented in most respects the " Left-Centre" position. We are confident, too—and here we believe that the best friends of the Times will agree with us—that whenever the Times has derogated from the ideal of judicial journalism it has inflicted injury, not only upon the public, but upon itself. We gladly admit that the Times in recent years has editorially fully maintained its highest traditions, even though conceivably it might have been better to have adopted a more moderate attitude on the Fiscal question. Let us say here, however, that we do not complain for one moment of the Times taking a side, and the side opposed to Free-trade, for we are sure it adopted that course from a belief in the merits of the case. If we have any complaint, it is of the manner rather than the matter. While adopting Mr. Chamberlain's policy, it might, we think, have shown greater considera- tion for the opinions of such men as the Deice of Devonshire and the rest of the Unionist Free-traders. In other respects the Tithes has in its editorial columns in no sense derogated from the attitude of judicial journalism. No newspaper in the world has ever per- formed the chief functions of the publicist more honour- ably, more honestly, or with greater good sense and dis- tinction. "Long may it continue to perform those functions" Will be the wish of all English-speaking men capable of an opinion on the subject. Into whatever hands the Times falls, we sincerely trust that the principle of judicial journalism may continue to be followed. That whatever changes may take place Mr. Arthur Waiter and his family will continue to exercise a large influence on the destinies of the paper seems certain. Their long and honourable family tradition may, we feel sure, be relied upon as an influence that will be exerted in favour of judicial journalism.
Previous page
