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court, or like language used in his presence and intended for his hearing for or in respect of such act or proceeding.'

The revisors, in a note to the foregoing section of the Code say: "The words 'or published of,' found in line two of the third subdivision are new and their insertion changes the holding in Yoder v. Commonwealth, 107 Va. pp. 831-2, 57 S. E. 581." It is conceded that the instant case, if the language of the respondent was contemptuous or insulting, falls within the provisions of section 4521 above quoted, and that the revisors' note aforesaid correctly states the legal effect of that section as applicable to the case.

No question of procedure or of the admission or exclusion of evidence is involved, the sole inquiry before us being whether upon the rule, answer and evidence the trial judge was warranted in finding the defendant guilty of contempt. In other words, the question is this: Did the defendant merely exercise his right to freely speak and publish his sentiments, or did he abuse that right by speaking and publishing contemptuous or insulting language of a judge of one of the courts of this Commonwealth regarding an act or proceeding had or to be had in such court?

[2] We approach the consideration and decision of this question with a due sense as well of its delicacy as of its importance. The right of free speech is guaranteed by the Constitution and must be sacredly guarded, but its abuse is expressly prohibited by that instrument, and must not be permitted to destroy or impair the efficiency of the courts or the public respect therefor and confidence therein. To find the line where the right of free speech ends and its abuse begins is not always an easy task. In contempt proceedings, this line must usually be defined by the courts themselves, and in such

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cases its location is to be established with especial care and caution. That the courts of this State have scrupulously endeavored on the one hand to avoid abusing the trust thus vested in them, and on the other hand to faithfully and fearlessly administer it, is perfectly clear from the official reports of the leading cases on that subject. See Commonwealth v. Dandridge, 2 Va. Cas. (4 Va.) 408; Elam v. Commonwealth (Prentis, J., Circuit Court of Norfolk county), 4 Va. Law Reg. 520; Carter's Case, 96 Va. 791, 32 S. E. 780; Burdett's Case, 103 Va. 838, 48 S. E. 878, 68 L. R. A. 251, 106 Am. St. Rep. 916; Yoder's Case, 107 Va. 823, 57 S. E. 581.

The situation is admirably summed up by Judge Keith in Burdett's Case, supra, as follows: "There is a reasonable jealousy felt by the public with respect to the exercise of the summary power to punish for contempt. Especially is this true as to contempts which consist in 'scandalizing the court.' There is a natural apprehension that personal considerations may influence and bias the judgment of the court. It is indeed a delicate matter and one with respect to which the courts. should act with the utmost caution and reserve. That they have done this in this Commonwealth its judicial history fully proves. But while the duty is a delicate one, it is one which cannot be shirked, and the faithful discharge of it is essential to the administration of justice. The courts are the courts of the people; the judges are the servants of the people; and it is their highest duty to the people to see that the streams of justice are kept pure and uncontaminated. If the charges brought in the article which constitutes the contempt in this case are true, then the judge of the county court of Nelson county deserves the scorn of all good men. In defaming him, the county court and justice as therein administered were brought into utter disrepute."

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The rule in the case before us charged, among other things, that the defendant, "on or about the 27th day of July, 1921, before a large concourse of people at Hunting Creek church, in the county of Bedford, and while the Baptist Strawberry Association was in session, published of the judge of this court for and in respect to acts and proceedings had and to be had in this court, the following contemptuous and insulting language:

"'Brave revenue officers risk their lives right here in Bedford county only to have the law evaders whom they have taken such efforts to catch acquitted by a wet judge. I am speaking of judge P. H. Dillard, and in case any of his friends are present, or should he hear what I say today, my name is T. E. Boorde. Commonwealth's Attorney Landon Lowry claims that he cannot get convictions. You may have your own opinion of Landon Lowry, and I shall not seek to change it, but how can we even expect a judge (referring to the judge of this court) to give fair decisions in cases where his two sons make a practice of defending alleged culprits?'""

And further, the rule charged that "in a communication to the editor of the Lynchburg News, a newspaper published in the city of Lynchburg, Virginia, under date of July 28, 1921, and which was published in said Lynchburg News on July 29, 1921, the said T. E. Boorde, referring to said statements made at said Hunting Creek church, used the following language:

"I know that law must be administered with a touch of mercy, but it appears to me that in our courts that there is more mercy than is commensurate with justice. So far as my opinion goes of Mr. Lowry (referring to Landon Lowry, Commonwealth's attorney of Bedford county), he is doing more than he is given credit for. How can we expect a judge (referring to the judge of

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this court) to give fair decisions in cases where his two sons make a practice of defending the alleged culprits?'"

In his answer to the rule the defendant denies that he used the words "wet judge," or any words of similar import, as applying to Judge Dillard, and then says with respect to his statements at the Baptist Strawberry Association on the 27th day of July, 1921:

"A more accurate report of what respondent then and there said is as follows:

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'Right here in Bedford county brave revenue officers risk their lives to have the law evaders brought to justice only to have them acquitted or discharged by the judge after having been convicted by a competent jury. 'It is not saying anything unkind of Judge Dillard to say that so long as he has two sons practicing on these cases we can hardly expect justice.

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"Concerning Mr. Lowry, I have had conversation with him concerning these cases. You may have your own opinion of Landon Lowry, and I am not seeking to change that, but I do say that he is doing more than he is given credit for doing in these cases. If the convictions secured by him were not set aside conditions would be different.

"I am speaking of Judge Dillard, and in case any of his friends are present, or should he hear what I said today, my name is T. E. Boorde.'"

The answer admits the accuracy of the quotation in the rule from the communication to the Lynchburg News.

The respondent in his answer disclaims any intention whatever to insult the court or the judge thereof at any time by the language admitted to have been used by him, and disclaims any purpose to bring the court into contempt, or to impugn the integrity or to bring into

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disrepute the motives of the judge. Proceeding further, the respondent insists that he was sincere in his express disclaimer of unkindness to the judge; that he felt constrained as a citizen and minister of the gospel to call public attention to lawless conditions in Bedford county; that he conceived it to be his right as a citizen to express the opinion that it does not tend to promote the ends of justice for a judge to preside over cases in which his sons are counsel; that he acted from pure motives, impelled by conditions against which he had the right to protest; that since January, 1921, he had been pastor of a field of four churches, two of which are in Bedford county, and that for about two years he had been a resident of that county; that during that time he has deemed it his duty to co-operate with other citizens in law enforcement, and particularly, because of its moral aspects and relation to the welfare of his congregation, he has earnestly supported the enforcement of the prohibition law; that during the then current year the circuit court had shown a steadily growing tendency to suspend the execution of jail sentences in prohibition cases where the defendants had been found guilty, notwithstanding the objection to such course by the Commonwealth's attorney; that shortly before he used the language involved in this prosecution a number of prohibition cases had been tried in the said court in which one or more of the sons of the judge of the circuit court were counsel for the defendants, and in one of which cases a verdict of guilty carrying a fine of $200.00 and twelve months imprisonment in jail was set aside, and in others of which the execution of the jail sentence was suspended during good behavior. The answer then concludes as follows:

"Respondent, along with many other citizens of the county, became gravely apprehensive that the practice