The Hawaiian gazette., 1886-06-08

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sidering il within its discretion to do 50
under the facts Of that case, Of its being a
matter between the court and one Of its own
officers, holding that If it were otherwise it
would have no power to review or set aside
the order and could only -rectify or amend
what appeared clearly mistake or clerical
error, and saying, If the right was asserted
to control the proceedings Of any other court
of record It COULD not be entertained, for when
a court commits party for contempt their
adjudication is a conviction and the commit
ment in consequence is execution: aud 70 the
law has been settled
1t must be considered here that the court Of
justice sitting in equity is another court"
than the Supreme Court in Banco, as much so
as If the justice appealed from did not also
belong to the court Of appeal, and this case
might rest upon tho authority Of the above
decision. But counsel cite Section $50 Of the
Code, which was not in existence at the date
Of Campbell's case, as allowing an appeal
| from orders Of commitment for contempt.
The Section provides that "An appeal may
be taken to the full court in banco from any
decision order or decree made by any JUS
tice Of the Supreme Court at chambers :
"t Nothing in this Section contained shall
be construed to permit an appeal TO be taken
warrant attachment writ or other process or
fer the taxation of costs or any other order
of like nature"
We have 10 consider an order for commit
meut for contempt comes within tho appeal
able cases or is excepted especially or
generally.
The statue provides for the punishment Of
contempt as an obstruction of justice by trial
by jury and penalty by Imprisonment or by
line, with provision that the several courts
from the highest to the lowest may summarily
punish contempts according TO graduated
scale Of penalties. Penal Code, chapter xxx
and compiled Laws page 3ls. Among the
particulars of what may be contempt enume-
rated in Section of the above chapter xxx
is willful disobedience or neglect of any
lawful process or order" Section 20, which
corresponds with Section lO9s of tho Civil
Code, provides that when the contempt con-
slsts IN the omission or refusal TO perform an
act which is yet in the power of tho party to
perform, he may be imprisoned until he have
performed It,
If Section $50 gives an appeal agaias. orders
adJudging contempt, it applies to all descrip-
lions OF the offense. Appeal would lie from
the summary punishment of contemptuous
contImelious disrespectful or disorderly lang
be contrary to common-law doctrine az il is
stated in the first Section of Rapalje on Con-
tempts. at is conclusiyely settleby long line
OF decisions that at common-law all courts of
record have an inherent power to punish con-
tempts committed IN fdci cl1'iae, such power
being essential to the very existence of q
court as sucE and granted as necessary
incident in establishing a tribunal as court"
and IN Section l4l idem every superior
court oil record being at common-law the sole
Judge oil contempts against it authority and
dignity, it naturally results that the judgment
OF every such court is, at common law,
final and conclusive and not renewable by
any other tribunal, which in other cases
would lawfully exercise appellate iurisdic-
hon, either on writ of error or appeal, unless
especially authorized by statue"
1t is too plain for controversy that il an
appeal were to be allowed by the force of
Section $50 in such cases of contempt, courts |
would le deprived of power essential to the |
preservation OF their authority and dignity |
But 1t must be held that if the statute gives an
appeal IN such case as that at bar il equally |
applies TO the other instances of contempt, |
We ought then to consider whether an iniunc- |
Ton so adverse to the common law and which |
renders nugatory an essential power of |
- -NiuiACu 10 Ue gwen 70 CeCllOu oOJ. |
The order finding party in contempt is of |
discretionary character The exercise of
this great authority must lie in the prudence
and good judgment of court. The cases OK.
pressly excepted, of allowance of warrants,
writs, attachments and other processes, and
measurably too of costs, are entrusted to the
discretion Of the justice and are therefore not
appealabie. There are other orders of like
nature not specified, which the statute leaves
to the judge without appeal. Among thesewo
place the power of a court TO maintain lis
dignity by summary punishment for contempts
and the authority of its processes as pre-
scribed by Section xxx Of the Penal Code
and Section l09s of the Civil Code.
The court in re Campbell say contempts
may not only occur in the face of the court but
they may be committed out of court, and with
out this power it might be impossible to pro-
coed in the discharge of their duties.
We decline on appeal to hear the case.
W. R. Austin for plaintiffs, Ashford & Ash
ford for defendants.
Honolulu, May 81, 1856.