The Hawaiian gazette., 1893-04-11

, The great reason for the exercise o
the power to publish for contempt
, was that ii avoided the great delay
otherwise incurred. The contention
that the publication could not hurt
the Council was based on he knew
not what. The tendency was iDjur-
ious. \ libel might be believed
by no one. That did not make il
less culpable. The phrase "cont-
emptuouS or diSOrlerly behavior
covered this case. The proceedings
OF this body were commented upon in
y most insulting way. The Commits
sion was sent by this body. Some of
its most important proceedings were
just the ones commented on. He was
almost tempted TO infer from the argu-
ment of counsel that the terms COM
planned of were actually compliment
tary, They were most injurious and
under the ordinary law would be
cOntemptuous and seditious. Under
the present circumstances they were
peculiarly heinOus. That Mr.. Sheldon
was editor had been proved beyond
the possibility of a doubt. Mr.. Shell
don in discussing this very paper, this
very issue, had admitted his editor
ship. As TO the policy and eXpedieu-
cy of taking notice of this charge he
would remind the Council that this was
q second offense. 1t WAS not done in
| haste. He had been summoned be-
fore the Council and treated with the
utmost courtesy and consideration.
To let such publications pass uunotic-
ed would bring the Council into de-
served contempt. They should not
pass unrebuked. He believed in the
fullest liberty of the press, in the
fraukeSt criticism within the bounds
of decency. But TO ignore cases which
went beyond those bounds as this did
would break down the authority of
the Council ut home and abroad.
There was but one course open to the
Council and that was TO find Mr..
Sheldon guilty under Act 10.
Mr.. Ashford asked whether his
client and himself were 10 be present
during the further consideration of
this question president Dole, yes
President Dole said the evidence as
10 Mr.. Sheldon's editorShip before
February II, was not evidence and
should not be considered. 1t was for
Mr.. Sheldon to show however that
be, being editor, knew nothing of the
publication. 1t was not competent
for = man advertised as editor 10
evade responsibility by saying he did
not write the article in question, some |
one had TO be responsible. Mr..
Sheldon being advertised as the edl- |
tor, must be taken as the editor of the |
whole paper including the English. !
He must otherwise show that there is |
another editor, and who he is. The |
contention of Council for defendant |
that the words "the same" refer not
TO the Council but to its proceedings |
only was plausible, but the context |
show d that either construction was
possible. The expressions, disorder
ly behavior" would not cover writ
ings The Council would be within
the law if they found that the
writings were insulting reflect
ions either on the Council or
its proceedings. The contention
that the words Provisional Govern
ment,n coming in that connection,
did not cover the councils of the Gov
ernmeut was Il rather fine point. He
thought an attack on the Provisional
was an attack on the
Council. In considering this matter
nothing could be taken into account
except the paragraphs actually relied
On The policy OF furnishing this
Otfense lay with the Council. Its
powers were necessary, but must be
Used with discretion, and freedom |
rom bias. II was fortunate, perhaps,
hat this delay had interviewed. The
had to take stronger
measures than if it had originated /
luder other circumstances. There !
vas 4 difference between hostile criti- ,
ism and abuse. Common sense of
gentlemen would inform them of the 6
Inference. If they found Mr.. Sheldon !
o be fixed. /
Mr.. Ashford asked the President to | /
barge that the remarks referring to q
he Council sailing under false flag, I
tc., were not a contempt of the I
,Ouncil. Y
The Attorney-G General said this was q
question of fact as well as law. and T
hOuld be left to the Council. :
Mr.. Ashford also requested that the e
resident charge that the remarks O
bout the establishing of the Protec- V
1rate were not 4 contempt OF the |
Ouneil. n
The Attorney General said this was b
80 a matter of fact aud law. n
President Dole gave the first charge d
18th some modification, and said that
5 TO the second the words were not G.
otiOuahle, and were not complained n
!. except as leading up to others. d
Mr.. Emmeluth moved the Council T
rOceed to ballot on the question of b
Iilty or not guilty. Il
Mr.. Ashford asked for public vote. 81
The ACKNOWLEDGEMENT thought the al
.se analogous to that of jury. gl
President Dole said it was optional
it'll the Council. al
The motion to ballot was carried. it
Mr.. Brown said at the commence m
ent of these proceedings he had It
'ubts as to whether this law covered M
r. SheldOn's case, and he had not W
1t over those doubts yet. This paper W
as dirty and scuTrilous-it was black
lardism; but he did not know whe- b,
er he could take away q mans m
Derty under the Act. "ProceedingsT pr
ere what happened N the Council, in
I'd Insulting comments were on what W
opened there. For these reasons he
Md NOT vote Mr. SheltlOO rrtIiItv I Da