The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1888-08-21

ception of the Attorney General.
He said that to-day the press don't
dare to publish the proceedings of
the courts for fear of prosecution
for contempt.
Rep. Kinney spoke in favor Of the
bill. He referred to the opposition
the Supreme Court had shown to the
Capitalization of power in the Cabi.
net. But there is Capitalization of
power in the Judiciary as well as the
Executive department of the coun-
try. The power of our Court
cannot be duplicated in any part of
the world. 1t is an indisputable fact
that our Judges hold powers that no
other Judges in the world hold. We
did not know until .Kalakaua came
TO the throne, the power the King
had under the old Constitution, but
found out that he was an absolute
monarch, so with our Supreme
Court its power is absolute. Since
Judge Preston has taken the
bench he has been leading the
Court to unconstitutional actions.
not till he took the bench did the
Court declare that the publication
of evidence was contempt This
action of the Court has muzzled the
press. See what it has come TO
when a publisher of n newspaper
has to go. to a Judge of the Su-
preme Court and ask if he can pub
lish such and such an article. "This
was done in the case some of Chinese
women who were being landed in
this country for immoral purposes.
Let the Judges keep up stairs and
attend to their work there, and not
be down here lobbying bills through
this House. He said that Judge
Preston had abused his power as y
Judge and he (the Judge)ca call for
aLegislative investigation ii he cares
to. say so, and have evidence, to
back it up. He (Mr. Kinney knew
that he would be punished for what
he had said to-day, in his practice
before the Courts during the next
two years, but he cared nothing for
that. This interference in the Legis-
lative functions of the country
should be stopped. 1t should be a
just cause for impeachment. He
therefore moved that the bill pass
its third reading.
KEEP. Nakaleka spoke in favor of
the indefinite postponement of the
! bill.
Rep. G. Brown said that when the
bill was first introduced he was in
favor of it, but since then he has
changed somewhat, abuses can arise
under this law, on the side of the
papers. quite us bad as those which
exist now on the other side.
Recess until 1:30 p. m.
AFTERNOON SESSION.
The House re-assembled at 1:30
p. M, and lesumed the considera-
tion of the contempt of Court bill
Noble Smith spoke in favor of the
bill, stating that the law in Cali
fornia has twelve enumerations defin-
ing what shall constitute contempt.
The Court here has absolute power.
This bill does not take away the
right of the Court to protect itself,
in regard to contempt. This bill
provides that newspaper men may
publish for the benefit of theil
readers what everybody has right
to hear in the Courts of the King.
! kom. 1t does not interfere with the
power of the Court to punish fol
contempt. This bill is the outcome
of the Judges putting wrong con.
struction on their power. The Court
can go but one step further than il
has gone, and that is to shut uI
The papers entirely, as they do il
Russia.
!. Minister Austin believed it neces
e sary to protect the people from al
5 unlimited exercise of power by tn
Court, and should therefore suppor
the bill.
e Minister Ashford said that h,
Il knew he had earned the enmity o
: the press, by the stand he had take
on this bill, but he hoped they woul
e not snow him under. He was con
N soled with the fact that Judges, pre-
e cedents and authorities were all o
l. his side. He asked in regard to til
If decisions of the Court. Have the
e gone beyond the law? Have the
II oppressed any one? Have the
y wronged anyone? He opposed thi
* bill in order to put some restrain
TO on the press.
Sc Rep. Kinney called the attentio
ID of the House to the remarks of til
le last speaker, and said there is L
e. excuse for such rulings as those r.
ID ferred to. There is no danger {
juries being dangerously influence
m by what appears in the paper
IS There is lots of common sense
l. the average man. The New Yor
is boodlers would never have been e!
id posed, could they have put an en-
th barge on the press. Where is SHARP
gone to glory and the newspape
ne sent him there.
t. Noble Townsend said he shouI
he support the bill, as it was step
ty the right direction towards esta
fishing free press.
The ayes and noes were called c
| a Il. a. - 4 u