The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1882-04-19
Supreme Court. No. 2.

The right of public criticism of Judicial acts is
not open TO question; but, in order TO be legal it
must be fair and free from malice, and based on
correct statement of the facts in the case under
review. | have heard the view expressed, that
judicial criticism should be confined to law jour
mails, because they address readers who are spe-
cially qualified to form an intelligent opinion in
such matters. l do not coincide in this view.
Tribunals of justice created solely for the pub
lie interests in no imaginable way are these inter
ests subserved by placing such tribunals above the
bar of public opinion. 1t is true that judges can
not with propriety enter into public discussion
in defence of the views of law which they may
have announced; but as the public are concerned
in those views, why should not the public discuss
them! 1t would be rare indeed that no one could
be found to defend courts from any unfair view of
their Judicial acts. The Penal Code itself fur
nishes ample remedy by sentence of fine and i'm
prisOnment for any unjust malicious publica-
ton. Unintelligant or unjust criticism is easily
shown up and silenced. The danger rather is, of
lack of intelligent, honest impartial newspaper
discussion of what goes in Courts of Justice
Every act and word done and said there is made
the subject of ample arraignment by suitors who
lose their cases, and by lawyers who make up for
not having the last word " in public by having it
out in private circles. Thus injustice and false
impressions may result from the absence of fair
public discussion.
garbed reporting is ever allowable; but the effect
both on the public mind and ON the judicial mind
of temperate carefully prepared consideration in
the public newspapers of whatsoever opinion, de
cree or Judgment, is worthy of consideration as
affecting public interests is good. An independ-
ent and well qualified bar can do much to ward off
judicial errors or Tyranny but lawyer arguing in
his case, is often in fact and still oftener in the
~ - e...l.-
of expressing unpreiudiced views of law. If a
judge thinks that the final public statement of
cases in Court is that which he himself presents,
there is, conceive, serious danger that his mental
condition may become even worse than that of
many clergyman, who has no one to contest his
pulpit utterances. Friends will in private admon-
ish the clergyman that his theology is getting un-
sound. Seldom indeed will a friend put his
head within the laws mouth, by trying to con-
vince its exponent of his errors. communion
on in the GAZETTE of last week refers TO decisions
made by the Supreme Court of this Kingdom de
claring that the Court in Banco is competent to
make final judgments when only two members are
sitting and that judge OF that Court who has
tined cause may sit alone upon the Bench on ap-
are now the final law of the land. and will remain
50 unless some lawyer shall get leave TO re-argue
them, and obtain their reversal judgments in The
most important cases in the United States Supreme
Court, like the decision upon the Legal Tenders
Act, have met such public disapproval as to cause
their reconsideration and reversal. The irst T Il
gal Tender decision was believed by many 10 have
been made under political and partisan pressure
Its reversal was certainly clearing up in the
judicial horizon.
While every practicing lawyer must believe in
free, and, of course, a respectful criticism of
Courts of iudicature, he may not take the time
requisite for such work. unless in matters of GEN
eral concern. One does not care TO rehash his own
cases IN the newspapers aud il takes considerable
time TO examine cases in which he has not been
concerned. Moreover, there Is a spicy effect pro
rf-
81 p newspaper. vhhih is suggestive Of discomfort
or Something Incre
ii 3 ~ dcu1t geieIaiiy supposed 70 Pc pissr for
tTFsfs g c-nnrc Il a. ae,lr1rants 10 he court
iEf leWYel nas, loss casas, snd then uav lame
lims s cliG1t. the Court or cssc. ~ ne likes;