The Nevada journal., 1853-05-27


We have examined.the law, care
fully, and, for the life of us, we can
discover nothing which gives him
shadow Of q shade Of power, in the
instance now under consideration.
Title Is Of the Law of 1851, enti-
tied IAN act to regulate proceedings
in Civil cases in Courts of Justice of
this State" page 12e, is to be found
the only power given to the Courts to
punish for contempt. That our rea-
ders may have a full knowledge of the
whole matter, we herewith copy SO
much of tho law as relates to con-
tempts:
'The following acts or omissions
shall be deemed contempts:
1st. Disorderly, contemptuous, or
insolent behavior towards the Judge,
whilst holding Court, or engaged in
his Judicial duties at Chambers, or to-
wards Referees or Arbitrators, whilst
sitting on reference or arbitration,
tending to interrupt the due course Of
trial, reference or arbitration, or
other judicial proceedings.
I'd. A breach Of the peace, bolster
Gus conduct, or violent disturbance in
presence of the Court or its immed-
ate vicinity, tending to interrupt the
due course of trial, or other judicial
proceedings.
Sd. Disobedience or resistance to
any lawful writ, order or rule, or proc
ess, issued by tho Court, or Judge at
Chambers.
4th. Disobedience of a subpoena du-
ly served, or refusing TO be sworn or
answer as witness.
9th. Reseuing any person or prop.
erty in the custody Of any officer, by
virtue of an order Of process Of such
Court or Judge at Chamber.."
These Eve classes of contempts
comprise all that are recognized as
such by the present laws Of our State
The publishing and commenting upon
testimony, taken before Justice of
the Peace, il not included among them
---llot even limited at---and here we
close for the present.----Marysv1lle
Herald, oath.
The editor Of the Nevada Journal
has been summoned before the District
Court to answer Tor contempt Of Court.
The alleged contempt consists in hay
ing published an account Of q murder,
and made such comments as the case
was calculated to draw forth. After a
while, when he thought nothing more
Of the matter, he was arraigned be-
fore the Court charged with having
published An account Of the murder,
and "commenting on the facts Of the
case, thereby prejudicing the public
mind and corrupting and preventing
the administration of justice" The
absurdity Of the charge is too ridicu-
lous to merit notice. If that ia con-
tempt, there is not Q week but every
paper in the State commits 1t and il
our information is correct, they must
have a unique specimen Of o Judge at
Nevada.-Ato, 22d.
GA bill has been introduced into
the Legislature Of New York provi-
ding that no reporter, editor, or pro-
prieter Of any newspaper shall be liza
BILE to any action or prosecution. civil
or criminal, for q fair and true report
in such newspaper of any judicial, leg
islative, or other public official pro-
ceedings, of any statement. speech, ar
gument or debate in the course Of the
same, except upon actual proof of
malice in making such report, which
shall in no case be implied from the
fact of the publication. Such meas
ure has been deemed necessary in
consequence of recent judicial deci-
sions in that State.-Boston Journal
April goth.
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