The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1884-07-08
right Of An individual in sell dslepse. He
may make himself Bate. Having done 30,

~ tuc poWtI " puulhD lOl CUDbuuCtlV
contempts Ia necessary to the judiciary
! why is'it not necessary to the executive
| This court has recently held In the assesf
nent case that the Governor Is vested will
quasi judicial functions. When he exel
cised thsm with respect TO The dut.
Of assessors, there waH free expression 0
opinion BY newspapers and people, AM
some 0. 1t might be construed into con
tempt Of the Governor, for II waa unre
strained in language and directly coun
SEIZED the asseesora 10 dtsobey the Gov
ernor. Who supposed Il was neceesar,
that the Governor should have power 4
punish for contempt In order that bis Of
fetal duties might be performed? ~
Wilt increase the respect due judicial
tIibnnsls TO GEE Judge at once informer
prosecuting attorney, committing magia
trate, grand jury, judge and petit jury 1t
his own case, when the courts are open Il
redress any wrong In the ordinary manner
and their doors are high enough 10 admit
Judges who have been injured. 49,
suppose court should proceed to pun,
ish for publication, and then prosecu
ton Tor libel should be instituted upon the
same publication, In which jury should
be sworn, and that upon their osths they
should sny the defendants had told the
truth-that their criticisms were just-thai
their, publication was made with good mo,
ttves' and .idstidable ends, would not the
etftlation OF such a court "a well as Of the
defendants be unenvlable? s0B33'gG.
II may be said that the popular opinion
which will be entertained oil such pro.
ceeding as this 10 not 10 DO considered. II
that be 3D. the argument must be abandon.
ed which seeks TO sustain this proceeding
because the publication WAS calculated "a
impair public confidence In i the integrity
OF the Coutt, and because this proceeding
Is intended TO restore and maintain that
Confidence. Popular confidence Is bat an
9th er word Tor popular opinion. Whs. that
opinion has been Of such proceeding as
this is easily ascertained from the fact
that statutes limiting the power have been
passld In almost all the States. In. some
Of :htm the exeecise Of this arbitrary
power by the judgea has led 10 their i'm.
pcach'nsnt. In Pa@more's case the
Supreme Court Of Pennsylvania punished
summsrily person who had posted in 4
cofes house placard relating to their pro-
ceedings. For this act the three Judges Of
that court we're impeached, moro than
three.tourths Of the lower house voting Tor
1t, and were found guilty by more than a
majority OF the Senate, but escaped be.
canss there Was not tbree.ionrths vote
against them. And there followed at once
the Pennsylvania act OF 1909 forbidding
the summary punishment Of constructive
contempis. .l. ~
When the bred Scott decision was made
by the Supreme Court olthe United States,
Abraham Lincoln, member OF the bar Of
that court; attacked the decision in q most
bitter speech, but the Court il mistaken in
the decision made no mistake in failing 10
at'a;h Mr.. Lincoln for contempt. II they
had punished him for what he said, would
their act have been calculated to maintain
or increase public confidence in the Court?
X this proceeding Is supposed 10 be
msintainsbls because the publication can
be construed as at attempt to influence the
decision OF the court, the defendant is en-
titled 70 be discharged, for he has purged
himself by his answer and disclaimed any
intent to commit or express contempt Of
the court. The question in this respect
being one oil intern, the defendant must be
trlea by his own answer. 1nre Walker 80,
N. 9. IS; Wells case 81 Graft sos; Ex parte
Moore 63 N. G.; Ex parte Blges 81 N. @;
Morrill'a case l6 Arkansas. $50
It has been suggested that the answer
might be considered "a an aggravation.
This YVES, Of course, not 30 intended, and
cannot be 30 construed. It WAS only Just
to both the court and the defendants that
the court should be able to see and under.
stand ail the circumstances under which
the publication was made IS they we're
seen and understood by those who made
the publication. 57-