Albuquerque weekly citizen. (Albuquerque, N.M.) 1891-19??, 1895-12-28
AGAINST IMPRISONMENT.
The Opinions Of judges Banu and Hamil-
ton In the Hughes Case.

In the matter u Thomas Hughes. con.
tempt
This Is proceeding IN contempt
against the publishers Of newspaper In
respect 70 an article rejecting upOn the
members of this court, published In
cause then pending.
10 wis conceded IT the bar by counsel
for Mr. Hughes. one VI the publishers,
that the article was false. wicked and
harmful, and although our jurisdiction
a. punish therefore ~ contempt was
fully conceded. yet We haas our jufi-iic-
ton upon the distinct ground that the
publication was ~ n nature calculated
aud intended 10 exercise an influence
upon tie decision " a cAu@ then pend
lng. Independently IT the Law uf the eyi
ipncc Produced. aud thereby sought un.
lawful, " interfere with aud nbstrurt
the ain Illustration " justice.
The protection ~ the citizen against
that a.,-ralled liberty ~ the press IN false.
reckless and malignant assaults i ~.
dinarily ~ be found IN n civil action
or Indictment. Even though the pulll.
cation be IN respect ~ "a court ~ justice
W. arr not prepared h hold, nor h II
necessary In this Ease tn hold that such
publication can h. the lawful subject "
contempt proceedings, however harsh and
unjust the criticism, provided II h,a'- not
lmputc Impure motives, aud l. confined
Ia aud contains ~ element affecting
-nnlr cause pending and Undetermined.
Ia People W. " ilrnu. ~ Ills. ~. after
announcing the general proposition that
published criticisms ~ decisions, uIin.
ions ~ official conduct IL the court " it,
members. IN regard in ca~,'~ that have
passed beyond tie courts jurisdiction.
will not h punishable ~ u contempt,
and that the Judicial and all other de-
pattments ~ the government are uISH
~ examination and public discussion,
yet the court says. that II II not within
the liberty ~ IN. press 'to control the
administration ~ justice ~ intlurnc" IL"
decision of pending causes And La"
rrnrr, &. j., I1ttinrntly observes ~
court will, ~ course. pidrANur Ia Trtihin
whnlly uniniiurnr,d hy publications. like
that under consideration, hut viii the
community believe that IL IL able a. do
~ Can II even h. certain IN regard Ia
lt4'fy Can men always lse sure NJ their
mental poise? A timih man might hc
influenced to yield. while "A comhatiNr
man would bs driven into the 0ppSitr
direction. Whether the actual Influence
Is on one side ~ the other. ~ far ~ II II
felt ut all, II becomes dangerous ~ the
"'nlIhiS''sh " Ju''i ~" "
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