New-York tribune., 1891-12-29
UHdT WILL THE COURTS Do!

II Justice is done Governor Hill will spend
part of next year at least in looking through
prison bars as a lawbreaker. II is no light thing
TO defy and defeat the courts of justice, and
rightly the judiciary have large power TO punish
conteinpt of court That Governor Hill was
guilty of this offence when he pardoned the
officer punished for disobeyng the orders of q
court. and publicly asserted that those orders
and the punishment Of this officer were for the
furtherance of fraudulent political purposes, must
be clear. 1t was his deliberate purpose to de-
feat and defy the decisions of the court, and to
bring the court into contempt with his partisans
as far as possible. The power Of the judge in
such a case is not limited. a Governor is a.
much bound to obey the law, and to submit him
self to the penalty If he disegards it, as the
humblest citizen If an officer Of the court should
walk into the Executive Chamber Mt Albany and
arrest David B. Hill for contempt OF court and
take him before the Judge whose orders he has
contempuously defeated it would be memo
rable and instructive vindication OF an independ-
ent judiciary. =,
The Governor could not pardon himself II
Governor Flower should choose to do so, on him
would rest the responsibility and the disgrace.
There is no statute of limitations affecting con-
temnt of court This individual, David B. Hill, is
personally guilty, not as Governor, but as ouzeii
of New-Yorl. and he will be liable to arrest and
punishment whenever the court may think pess
to vindicate its dignity, even after his term Oh
Office has expired. He could be arrested while
at Washington, and brought here to answer be-
fore the court he had deied. He could be ar
rested for the same offence, and punished by
order Of court. if he should be nominated for the
presidency. or even if he should be elected. III
n man has been guilty of lawbpaking, not even
election 70 the highest office in the gift of the
neorle will shield him from the penalty OF his
crime. 81,
But perhaps Justice will not have done with
him if the Judge should decide that IN this case
he need not be punished. lie has also consplreo
10 defv and defeat the orders OF another JUDGE
who required that the amended returns nom
Dutchess County should be sent to the State
officers. When the clerk who obtained these
naners from the postal authorities after they had
reached Albany is brought up for contempt ne
sbould be required to answer by whose inst1sa-
ton he did this, or what authority he had from
the Governor or other officers TO OBTAIN IeIoers
addressed to them. If they gave him any au-
thority whatever, or Sent NOru uini " wv 'i''0
he did they with him are guilty OF contempt OF
court in this case also. A resolute ana hrli
Judge would keep the clerk in confinement until
be had made a clean breast of it, and exposed
his accomplices
Even this is not all. The County Clerk who
took the letters from the postal messenger-did
he rob United States mail or did ne not? Ihe
United States courts may sc fit to inquire Either
he or the postal messenger is guilty OF an offence
AGAINST United States law, which should be pun
ished severely as an example, unless there was
actual authority from the Governor ana Sta'e
officers to deliver certain mail matter for them
70 this clerk. When the messenger is required
TO answer before United States court, ne Will
tell what authority, if any, was shown. II none'
he is guilty also If any, the person giving such
authority cormpled to perform an act IN contempt
of court. -
II is for the courts 10 decide what steps shall
he taken to vindicate the independence OF the
| Judiciary.