The Helena independent. [volume] (Helena, Mont.) 1875-1943, 1894-02-12

this feature may have proved IN the
past and however little cause Tor alarm
IL may justify as 20 the future, the 40
stract proposition Is indisputahly cor
rect that the Judiciary possess tho con
stitutional power 20 nullify tho very in
strument that calei them into Official
life and 60 paralyze every other branch
90 governmental authority.
10 may bo true that this anomaly In
our free institutions has not thus Tar
operated iniur olsly, and we are not
disposed 90 cite with unreasonable en-
phosis any isolated illustrations OF in
Justice resulting from an abuse OF tho
absolute power OF our judges, but we
regard the subject as one deserving OF
more attention than has apparently
been bestowed upon 10, and we venture
the conservative statement that the re
cent tendency 90 enlarge the scope OF
tho negative writ Of Injunction, by
which under extraordinary clrcum-
stances courts have forbidden the com
mission Of irreparable injury and the
disposition TO extend the force Of such
an order 10y forbidding the not doing Of
specific acts, thereby rendering it an
affirmative mandate requiring conform
ity 10 a specified line OF conduct by un-
official private individuals, is a tendency
towards patornalism that, while perhaps
not at all alarming in this country, Is
we'll calculated TO suggest 70 thoughtful
men the possible propriety, or necessity,
OF an ultimate appeal, in some cases,
from our highest court TO the American
house OF lords, or even 20 the lower
houses 81 our legislative assemb ca.
In considering this question az to the
extent Of judicial power in this country,
It's tendencies and possible results, we
should not overlook the power of com
mitment Tor contempt OF court; this is
a power which is supposed 20 be inher-
ent in, and incidental TO, the very ma
ture Of the judicial Office irrespective,
and independent, OF all constitutional
provisions aud legislative enactment.
Any private citizen m this country is at
liberty to violate any law or order, how
ever vital 10 the we'll being OF society,
without mourning the risk OF summary
punishment without trial. unless the
order happens to issue from the court.
We may even transgress the laws OF
God and man and commit the most
heinous OF crimes, both nahum in sc
and NAHUM prohibitum, but, no matter
how low we may descend in the scale
II crime, no matter how inhuman and
malicious may be our acts, nor how APP
palling the consequences, we are guar
lnteed a fair snd impartial trial by a
Jury Of our countrymen, unless We sink
INTO such depths as TO disobey an order
II the court.
II, instead Of merely violating an act
u congress, a state law, a municipal or
finance, or those unwritten laws essen
iial to the preservation OF social order,
we should dare oven to disobey the
court, then, and only then, we are, 10y
process Of judicial lynchinE, committed I.
10 jail for contempt Of court, and no
counsel can defend us, no jury can ac- I
luit as, no executive can pardon us, and I
no law has limited the term Of our i'm
prisonment.
In view. therefore, of these unusual I
resulting from the viola .
ton Of orders that seem more sacred. /
aud more potent, than any that eman- /
ate from legislative halls, executive /
mansions, or the conscience Of the com /
nun.ty, it would seem that orders Of |
such a nature should at least be limited |
md confined most strictly within those
limits.
Indeed it may be even doubted
whether that rather vague and uncer-
ain otfense, known as contempt Of
court, should not be defined by legsla-
i've enactment, placed within the pro
'isions OF the penal code, and a trial |
md con viction required by some other /
tribunal than the offended judge.
We can indulge in the most unre-
trained expression OF our views az to
he official records, or private lives, Of
my man or woman ia this country who
g not seated upon the judicial bench,
nd, so long as We refrain from an actual
reach Or the peace, 20 can give free
ent to our views 10 tn very presence
nd hearing Of any nerican citizen,
kept q Judge, without mourning any
.roater legal rick than suit Tor
lander.
But II the leading lawyer, the most
prominent merchant, the most inhuen-
I'll banker, the most worthy workman,
ne most distinguished statesman, or the
most refined and cultivated Of women.
ltters one whisper Of criticism concern
ng a Judge aud does 80 while that Off
'ial is perched upon the proud pinnacle
4 professional attachments, known as
the bench, the offending critic is liable
% be Immediately committed 70 jail for
contempt Of court" the indictment,
rial, conviction, and sentence being all
condensed into one solemn statement
Of judicial wrath.
IL may be important that orders
lassed by Legally constituted tribunals
hould be treated with a reasonable and
roper Difference and some form Of pun
shment inflicted for their violation, and
. may be true that Judges should have
he power 20 enforce proper decorum
uring the sessions Of the court, anu
erhapH impose moderate fines for acts
Z actual dfaordar buf tha facf that fI.