The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1892-07-06
ARTICLE THREE OF THE CONSTITUTION

"All men may freely speak,
write and publish their sentiments
on all subjects, being responsible
for the abuse of that right, and no
law shall be enacted to restrain the
liberty of speech, or of the press"
i Article 3 of the Constitution
The resolution introduced into
the House in regard to an item in
the ADVERTISER would deserve to
be dismissed simply with a smile
and jest, if it did not involve a
very serious principle. It's subject
matter was the merest trife, some
thing which did not deserve either
legislative or editorial discussion.
But the idea which lay at the
foundation of the resolution is in
consistent with the rights guaran-
teed to all men by Article 3 of the
Constitution, and if rigidly carried
out would be subversive of the
liberty of speech and of the press.
It is because it bears that character
that we take this opportunity to
protest, in the interest of the whole
people, against any abridgement of
these liberties by legislative usurp-
alton.
The question involved in the
particular case giving rise to dis
cussion of the general principle is
not at all whether the ADVERTISERS
jest was either witty, suitable, or
in good taste. For the purposes of
this argument it may be conceded
that it was wanting in all these
qualities. But no greater, no more
dangerous error could be made
than by assuming that because n
remark is open to objection in any
or all of these particulars, it there
fore becomes a proper subject for
Legislative action. The application
of such an idea would destroy all
freedom Of speech. No two men
can be relied on to agree as to what
is or is not legitimate criticism.
|
The tone and temper in which pub
lie affairs are discussed are matters
which depend upon taste and tenn
permanent, and if the Legislature
undertakes to punish summarily
and without a trial every public
criticism, the tone or sentiment of
which does not happen to COM
mend itself to a majority of its
members, it will abuse it's own pre-
negatives in order to trample upon
the constitutional rights of cit
liens.
The power given by the Consti-
tuition to the Legislature to punish
by imprisonment persons publish
ing false reports of it's proceedings
Or insulting comments upon the
same, was granted in order to en-
able that body, as an independent
branch of the Government, to
maintain its dignity without re-
course to the Courts. It was not
intended to invest the persons oil
legislators with a sacredness which
the law does not attach to the
highest officials Of the Crown, and il
certainly was not intended to enable
the Legislature arbitrarily and
without process to abridge or null
lily rights guaranteed by the fun.
damental law to every citizen
Article 3 of the Constitution part
of bill of rights, and is far more
important than Article 81. The
latter does not exist in all Consti
buttons, and may some day disap'
pear from ours. The former is an
indispensable part of every Consti
tuition of freemen. The power o.
summary punishment granted by
Article 81 is dangerous power
at best, and should be ex.
ercised with great self-restraint
and only in cases of extreme neces
sity. Legislatures are partisan
bodies, and very apt to be con,
trolled by the rooted prejudice o.
years, as by the heated passion o.
the moment. Neither passion mol
prejudice is a safe guide, and it il
bad Dolicv to exnose the funda.