The oasis., 1893-11-23
A BETTER DEFINITION WANTED.

U
 habeas corpus. The full text of Judge
 Rouse's decision, since published, sets
 forth that Judge Sloan's judgment anlxing a penalty for contempt is void in that Dunbar was Co be iucarcerated
 until the fine imposed was paid, when
 the statute provides that fines may be
 cancelled by imprisonment, at the rate
 of one dollar for each days confine-
 ment. That this was ground sufficient
 for the action taken is denied by the
 prosecution. But, on the whole, when
 the severity of the sentence is consid-
 cred, it is just as well.
 Collaterally Judge Rouse enunciated
 the proposition that "the conflict
 (which would make a party guilty or
 contempt must be such as will inter-
 ''fere with the court as court. and
 mot something that might be offens-
 five to the judges of the court as indi-
 ''viduals, separate aud apart from
 'their official positions. that is. con-
 duct which would only be insulting
 ito the judge as an individual would mot be contempt unlessit was offered when he was in discharge of bis du- 'ties as a court"
 To the foregoing proposition Tm OAslIs is Inclined to take exception. Ifa judge can De called to accounta- bilitgln an illegitimate way of ihe bench fur his action un the bench, and have held Tn terforeum over him the fulminations and malicious, un- founded assertions, or threats of per sonal violence, of those who do nol like his rulings or decisions, his inde- pendence and usefulness as an admin iStrator of justice are impaired and the value of his service GO the putlic| ltis the public veal that is concerned iB all these things and il is for the public good that counts have been given the power to punish for contempt All men elevated tol the bench are not radically fearless, and a imid man on the woolsack, who could be browbeat, bullied, traduced and slandered out If court, and have his assailant go unpunished, for his decision in court, would unconsclously, from his very timorousness, color his rulings and decisions in favor of the bully and traducer, and against the ends of justice and the public welfare. 1 There is where the construction given the law of contempt by Justice Rouse opens q door to great public damage
 But because courts have power to protect judges from bullyingand yilli- ! ication they should not be permitted | to use that power to avert fair and just | criticism courteously expressed And | it would be well to formulate into | statute law more accurate definition of the respective rights of courts and ! in these matters. An act | could be framed ard adopted which | would protect tothcourts and newspa- | pers in the exercise Of all rights neces- sary to the public gcod, at the same [ time prohibiting exercise of dangerous powers by either.
 While making such definition of the ! rights and powers of courts and news | papers, the law should also restrict ! the power of the courts in another phase of these questions involving the | liberty of the press. While every edi- tor and every newspaper should be | leld to a strict accountability for any | abuse of their constitutional right. that accountability should not be con ;erted into an instrument of oppres- | iion by haling an offending editor be- lore the courts in every county in the In other words indictments