The Hawaiian gazette. [volume] (Honolulu [Oahu, Hawaii]) 1865-1918, 1888-05-15
JUDICIAL REFORM

JSlnes Payn the 4uthor. vino has
succeeded George Augustus ssh n
writing weekly notes for the T.'ussresssl
L0aG1z 9srs. latsly passed some inter
sStlng comments upon 8 chSnge n
procedure Just S6oDted in England.
The new departure consists OF slow
Ing defendants IN criminal suits %
give testimony IN Their own, behalf,
Mr.. Payn remarks upon members Of
the legal profession scorning TO psy
ary respect To Suggestions Tor change
n practice en2nstlrg from the lsy
pubic. bus Joining II 3 chorus OF
w0n6e-reuJ, when s change hiss been
forced upon the courts by stress Of
eOmmor-ssrSe. that such Sn Gnon2-
lous state Of things IS that abolished
should 50 long have been permitted
Il endure. There Is too much Of
truth IN the London writer's criticism
Of the legal fraternity. and there Is
probably No country possessing
constitutional Judiciary, IN which
common rights hSve not been made
unduely subordinate 60 absurd tTsdi-
tons OF beth bench and bsr. Whekh-
e- I l. 3 maxim Of Coke or OF Blsck-
stone, OF not, one for the people
everywhere to Sdopt and press into
recognition Is, that the pubic are not
inside for she courts. but the courts
fur the public
Hawaii mss s Judicial system thst,
Is compared with greater countries,
can reflect upon her no diseredit-
Yet she vstehEard Of reform must be
kept yocsl n respect OF this as well
u other departments Of the state
machinery. There would seem. for
one thing, TO be something anomalous
IN the exercise OF the very dirnly de
6ned power Of the Supreme Court IN
protecting us functions from en-
eruachments by the press. Without
running into an essay on the power
OF the modern newspaper IN promOt-
ing right and opposing wrong, let It
suffice 70 state what cannot but be
the general opinion namely. that it
: not II the interest Of the public TO
have repressed- with undue Judicial
severity, the conduct Of : well mean
ing press II exposing scandals on
criminal practices that affect preju-
dicially the welfare OF the commun-
ny
As the situation Is II this country,
conductors OF the press cannot Judge
with precision when they are treading
safe ground, II publishing any refer
enees whatever 70 persons or matters
before the Courts Their difficulty
II this respect cannot possibly be ap-
preciated 10 the full extent BY any
body who has not had experience IN
daily Journalism. wherein discretion
/ liable 70 sudden surprises every
moment. and important decisions
upon both the quantity and quality
Of matter. perhaps every hour N the
midst OF most eLEcEl1g toll. have 10
be rendered Iusta1taneously. 1t
frequently happens II news
payer Office that owing TO the
nature and circumstances % passing
sTeuts- days work hiss to Be-
compressed into an hour 70 prevent
the public being deprived Of iuteILi- /
geEcs that they should have ex-
pecte5- When. therefore. there Is
such liability Of trsnsgressiug the !
Judicial frontier, It / only reasonable /
70 ask that the privileges Of the press /
should be legally defined by plain (
statute so that he that rusbes copy
might read and know where he |
walks Although It Is true that the |
Hawaiian Law provides that where 10 |
domestic statute covers g case, the /
common Law. OF the law OF Judicial !
prseedents Of England and America, |
may Be invoked for the nOuce- This l
practice has, however, not been
strictly followed IN the recent deal /
iags Of the Supreme Court In cases Of 1
contempt-or al least the latest pre-
cedeut has not been followed In
proof Of the last assertion may be 1
cited the late decision OF Lord Chief /
Justice C0lerIdge OF England quoted 4
at length II this paper z few months
sgo-wheEeIn His LordshIp stated IN
effect that the modern tendency Of
enlightened Jurisprudence was II the
direction q enIaTging the privileges +
q the press and laid down the rule
that the uEI1 questions N any case
Of publication Of matters coming
before the courts were. first as
10 the trrth of the reports.
zLd- then ELetLsr they zer.
Published IN The public interest
Without any idea OF disrs1ect 1t
nay be said that the recent finding OF
he GAZETTE II contempt was scarcely
il accord with the above last reported
English precedent The offending
publication II this case was made OF /
The strength OF mistaken assurance Z
conveyed 20 the editor. to the effect
hat the Chief Justice himself had /
the article 70 Be published
Is 70 tie truth Of the report, the only
.ssertIon Published on our respunsi-
JiIity was that q certain document
quoted had been published IL Chinese.
Thieh vas sbundsutly capable Of
lEoof And Is 70 the public interest