The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-08-21

(The cases referred to were the Creighton
contempt case, z. G. ADVERTISER; the
Congdon case, HAWAIIAN GAZETTE, and the
Chinese women habeas corpus case, DAILY
HAWAIIAN GAZETTE.)
The Court had punished certain papers
in Honolulu for contempt of Court. The
papers raised howl, and the howl was
promptly echoed from Boston. And the
members OF the bar joined in with the news
paper men. Notwithstanding the howl,
none of these gentlemen have been able TO
adduce single authority or precedent
against the position taken by the Court.
They claimed that these decisions were
based on moss-coyered precedents. 1t is
curious fact, nevertheless. that we have a
decision of exactly similar import, the
one on which our Court chiefly relied, de-
livered by the Vice Chancellor OF England
as late as 1872 The Court has seen tit to
have more regard to the presidents of
English Courts and the principle of
English Jurisprudence than to the opin
ions OF Honolulu newspaper men or Homo
lulu barristers. These English precedentS
are invariably in the line that no news
paper shall shield itself behind the lib
erty of the press" from the consequences
OF publishing matter OF scandalous, libel
lous or otherwise unfair or injurious char
acter Similar doctrines have been MAIN
We have a case in point in New Hamp-
shire, in which newspaper was punished
for publishing the proceedings in case
because the proceedings contained scan
dalOuS and libellOuS matter tending to
prejudice q litigant in his reputation. 1t
was not always the speakers good fortune
TO concur with the decisions of the SUI
preme Court nor was he able to agree with
certain gentlemen of the bar However,
the Court and those who concur with it
find themselves in harmony with the pre-
cedentS and practice of Courts in England
and the United States. He would not have
things here as in the United States where
person coming into Court has absolutely
no protection against being butcheTed by
the press. He moved the bill be indetin-
itely postponed.
Minister Thurston said if he had been
ignorant OF the circumstances that caused
this bill to be introduced he would have
been carried away by the argument of the
Attorney-General. But knowing what he
did, there is not q bill in this House that he
would take more solid satisfaction in vot-
ing for. He was only sorry that he had
not 4S votes and As more to cast in favor OF
1t. The Attorney-General does not seem
to have very high opinion OF the mem
Ders OF the bar, and no wonder, as he can
not find single member OF the bar who is
not opposed to him, in this matter. In
the first of these constructive contempt
cases, Mr.. Justice McCully filed a dissent
ing opinion which is as much stronger than
that OF the majority OF the Court as blood
Is stronger than water. The Court had
gone outside of the statute and dug up and
adopted an obsolete principle OF the Eng
lish Courts. They had also cited with
much JUNCTION an Illinois decision, from
which they made elaborate extracts, and
on which their decision mainly rested.
Now, the joke of the thing is, that the Illi-
nois Court itself few years later reversed
that decision. The effect OF the decisions
in our court has been that reign of terror
has prevailed here among newspapers.
They were afraid to give the public infor-
nation concerning the doings of courts, no
matter how proper such Information be,
and due to the public as we'll Court bust
ness was transacted with open doors, in
the hearing OF any one who might choose
to be present. Newspapers cotiiu not give
their readers the privilege OF reading what
anybody might hear for the simple reason
that they did not know when the court
might come down OH them for construc-
tive contempt In the Creighton case, the
paper had printed u declaration without
note or comment. The present Attorney
General who had got his name up tor that
ment to assist in prosecuting r. J. Creigh-
ton for that publication. The result was
the punishment of the editor by being
mulct in the costs OF the suit. In the
Congdon case, one of the parties published
a letter i'll the GAZETTE setting forth his
version OF how certain pigs had died on
board Il ship. The GAZETTE was prosecuted
for contempt in publishing the letter, and
put under penalties. In the Chinese wo.
l,,.I . h.,
Society issued a manifesto to their cOun-
trymen, warning them against taking part
with the ChinaTian at whose instance the
women were taken off the San Pablo. The
manifesto was translated and printed in
the daily GAZETTE, merely as a matter of
news, without note or comment. The
English version of this document was
placed, before publication, in the hands of
the Chief Justice, who was asked if there
was anything wrong in publishing it; and
as he offered no objections. it was pub
lished. Afterward the Court held that the
publication was contempt. 1t is about
time that we found out whether this is a
free country with a free press or not. |
am most heartily in favor of the bill and
hope that with the exception OF the At
the House will unanimous
ly vote for it.
Rep. Kinney said: do not know as am
a believer in Bishops nerve wave theory |
or not, but however that may be, | confess |
felt in my bones few minutes ago as | |
was walking through the streets down |
town that somehow or other the press was |
being throttled, and when gOtinto the hall |
here just now found my sensations con- |
irmed by the facts and that the Attorney |
General had done his best to assist in the |
throttling process by moving the indefinite |
of the contempt bill. There |
has been considerable leakage of opinions |
from the Judges of the Supreme Court of |
late and We probably all heard as coming
from them that they viewed with alarm
the rapid absorption and Capitalization of
power in the Cabinet, aided and abetted |
Dy the Legislature. Mutual criticism is a
AIR thing and, while some of the Judges
are thus criticising US, it is in order to con-
slider and express our opinions upon their
powers and their methods Of exercising the
same. In considering the criticisms of
OF the Supreme Court in regard
% other departments and their complete
satisfaction with their own, | am forcibly |
reminded of Robert Burns when he said
n effect oh that some friend the gift
would gle US to see ourselves as others see
IS" believe that candid examination
will demonstrate that the powers exer-
Used and claimed by the Cabinet and Leg
stature will find their counterpart in the
Executive and legislative branches of any
constitutional government, while the pres
mt powers OF our Supreme Court mani
estly exceed those of the Judiciary OF any