The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1856-1888, 1879-02-01

daie regarding the Pennsylvania JUDGE, which you char
artrrire a. playful and Irrelevant. 40 our can say 'h-i ID
You ~ on farther anil say. that y1u regret. that any one
should Lav. understood il A. dIsT,speetful and thAt yoa
Nod T. H. one tu sh5wl1r rrzrat fr judicial authority
ald ilat y7u have intended and DO intend no diSTssTeSt
FOR the curt - any member q the Curt; and that 80
dt-ir. AID intend O. purge yourself Of any contsmPt
vhatsoeysr- In this you have done well II i uae'
tlat. ~ Won subtract u. anccdote. that there s. 10 con
tempt In Your article But your words that - . q aIfA
and h- Az-1ciatez. on the construction % the law IN
rgrsti1n Herarss tn -rpstrurtion of THIS law had never
-. 80 r-E--ft+-s g. a. C-ur+ - 4 mistake q fact
on y0ur part and may be passed over The Aheol e
cons ttutes the gravaIl.n Of the odense. Il apPeATAt 70
Us a = Al Intention q I9puie 70 this Court 5leI 80 IN
rnjer repesiad stsrutss- being Tncertain and variable in
the adjudication on the same laws: AID one conld nAroLs
.II.,e .tsrt I,5ye Parsons
But We understand yau % disclaim now IN open Senrt.
state that IN a. public = manner as the article has been
published. we should consider you As Purged OF the con-
We d., not hold for $ moment. that any seton in this
Court. % Auy decision Of this Court. is not the subject -
snce 81 the people and for their benefit. our decisions
are subject - criticism. not only : 70 theiT law "a 49,
-tats s1rurst.lv tbe facts. and writers in public news
papers may not attribute motives not apparent upon Tue
face Of the decisions, nor indulge IN personal dehnhtla-
lions. or inyeetiyes. nor mistAte facts, or trsvesty our
decisions. and We think that any person who undertakes
to criticise should be quite sure Of his compStSney y %
tive bearing on the case. We state this a. q general rule
only. for yoa yourself, sir, have thoroughly diselAiIned
any intention so 10 do. and we can no longer charge you
with such intention. But whilst proper criticism ! ihe
- ~ MaA-A - ~ $500 @-H -
and say, that where a citizen sees a aagrant wrong, II may
become his duty 30 70 criticIse, yet, on the other hand, such
comments as We have spoken Of and condemned above, are
equally liable 10 be punished as Contempt % Court, whether
the trial 70 which they pertain IS sian going on or has been
finished.
We hold that any comments intended to forecast public
opinion, or influence the Judgment Of the Court, whilst a case
Is on trial, IL a contempt Of Court and such we understand %
be the holding Of other judges, and Il IS this, that IS meant,
when IL is said, that a review OF the case unfaTorably or other
wise, after the hearing has closed, does not constitute a con
tempt. But, il has never been holden, that a ridiculous and
untrue comparison, as wei. as an inaccurate statement OF facts,
which was intended 10 cast rtdicue upon judicial proceedings
was not a conteup; Of the Court upon whom those reflections
we're made
10 this case, We have said, that if the aaecdote above alluded
10, should be taken from the article, that there would
be nothing left that could be fairly indeed q contempt
hand, that the presence Of the so-called anecdote. which
appears to be introduced a. an illustration, makes the
article appear to the view Of the ordinary reader exceed
fngly Objectionable. and to render its writer liable 10
penalty. Nor can q contempt be purged at all, by saying
simply, that the writer does not consider that the pub
Hshed matter is such. nor ought one 20 be absOlved from
all penalty on his statement. that he did not intend any
Ohense, and is quite sorry, that il should be so construed
by any one. The Court must be the judge as to whether
the words used. constitute a contempt: while personally
the Court might be quite willing to accept such an ex-
PLANTATION; 10 might feel called upon 10 punish such sn
ofense for the protection of its dignity and honor as a
Court.
In view Of your explanation and disavowsl Of inten-
tional disrespect. you may go hence on payment Of the
costs Of this proceeding