The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1879-01-29
Contempt of Court.

We clip from the San Francisco Weekly
Bulletin, Of the I'd inst, the editorial remarks
of that paper concerning recent case which
came before the Supreme Court of California,
al Sacramento. In the editorial alluded to
the Bulletin uses the following language under
the head Of
TIE LIMITATIONS on CONTEMPT OF CoURT-There
two questions which have always been the cause
of less irritation in this State, which would
now appear to be in process Of solution. They are
connected with the Judiciary and involve. ~ the
exact relations of the press that department Of the
government, and (2) the relation of the department
itself to general politics.
On the first we have the case of the Amador
Ledger, whose editor, q recent occasion assumed
It 10 be his duty to critiese unfavorably, but in
general way, the proceedings of the County Court.
Mr.. Webb, the gentleman in question, cited to
appear before Judge Brown and was sentenced for
contempt to imprisonment in the County Jail for 4s
hears and to pay fine of $500, in defaul thereof
10 60 to jail for one hundred days. Mr.. Webb re-
fusing to pay the hne went to Jail: but was imme-
distey afterwards brought up hdbeas corpus before
Judge benson Of Sacramento, by order of the Su-
preme Court. On bearing of the case Mr.. Webb
was released on the ground that q contempt Of
Court for which punishment be inflicted be
specific and not general in its nsure-that is say,
1t must apply to some case actually on trial.
In the same paper we find a synopsis of the
decision rendered by Judge benson, of the
Sixth District Court of California, in the case
of Richard Webb, editor and publisher of the
Amador Ledger, which seems to define very
clearly what is contempt of Court on the part
of an editor of a newspaper, and under what cir
cumstances such an offence can be committed
in California. We have no comments to make
upon the questions involved, but give the ex-
tracts as we find them in the paper referred
to as matter of news for public information
CRIucIsM NO CONTEMPT OF CoURr.-SAcRAMES.
TO, December 27th.-Judge benson, OF the Sixth
District Court, heard to-day the case of Richard
Webb, of the Amador Ledger, who recently was SEN
fenced by Judge Brown TO be imprisoned 100 DAYS
for contempt of the County Court of Amador, by pub
fishing certain article. Webb applied to the Su
preme Court for writ of hdbeds corpus and his ap-
plicstion granted, the writ being made return
able in this city before Judge Denson The petitioner
appeared in custody of the Sheriff of AmadUr county
Judge benson, after hearing the statement of fact
aud the argument of counsel, ordered the prisoner
discharged, holding that the writ Of commitment wal
insufficient il did hot show in what the alleged
contempt consisted he took occasion to remark tha
the commitment, to hold good in such a case mus
set forth unmistakably that the publication com
planned of amounted to actual contempt, and ex
Usher might 60 in his criticisms Judges CT Courts
without being amenable to the law for contempt. NJ
matter what be might say publish about tn
Judge Of . Court, il would amount contempt onll
/ if made to apply to the Judges conduct regarding
some particular case on trial at the time.