The herald., 1895-06-25
ANNOUNCEMENTS
TUESDAY. JUNE rs, 1898.
A JUDICIAL OUTRAGE

Judge CLARK OF department. TWO OF tne
superior court of Los Angeles county yes
terday enjoyed the distinction and appa-
rently the pleasure OF rendering decs-
ion without warrant in law or precedent
in the history OF American Jurisprudence.
He adjudged Mr.. Harry A. Warren the
representative of The Herald who at
tempted to procure commitment to
the Highland insane asylum, guilty of
contempt of court and inflicted as pen
atty therefor fine of $780, with the alter
native of one hundred Gays imprson-
ment in the county Jail. The discovery
that an examination as to the sanity of
person, as provided by law, is part of
the proceedings of the superior court is
original with the learned judge of de-
partment two. To the ordinary intelll-
gent mortal and to the legal advisers of
The Herald it appears to be nothing OF
the kind. If indeed it is as his honor
has held, the legislators who framed the
law knew not how to express themselves.
The portion of the code providing for the
examination of persons supposed to be
insane requires that they be brought be-
fore some judge of court of record and
that that judge examine them in the
p.esence of and with the advice of at
least two physicians, to be selected by
himself for the purpose. 1t does not re-
quire that they be brought into court and
be examined by the court. The juuge is
not the court; he is only a part Of the
court. And when he examines people
as to their sanity he does so in a sort of
ex-officio capacity. and not as Judge of
the superior court any more than when
he performs the ceremony of marriage or
takes an acknowledge The ex-
animation for sanity, the marrying
of couo.es and the taking OF ac-
knowledgements are not count
functions, but one imposed In addition to
court functions. We would like to see
any other Judge punish for contem pit
of court man or woman who would
trife with him regarding marriage
ceremony or the taking of an acknowled g.
ment. The examination of Mr.. War; en-
as to sanity was a proceeding as inde-
pendent Of the superior court as either
marrying or taking an acknowledgment
and he could have been as contemptuous
Of the judge and as indifferent to his
honors dignity and as deceptive in his
statements as he wished to be and yet in
no way directly or indirectly would he
be in contempt of any court; for he would
not be in court or utilizing the processes
of court, but before a commission with
which the Judge sat in a noniudicial ca
pacity.
There is not single paper or fling in
the case of Mr.. Warren that is entitled
"the superior court Of the state of Cali
iornia," there is no reference whatever
to this or any other court except after the
name of the Judge, when his honor is
referred to as Judge OF the superior
court, ''etc. and this use of the term is
purely descriptive of official rank and not
in any way descriptive of his functions
when exam ining a candidate foI the in
sane asylum.
Judge Clark may be sincere in the posi-
tion he has assumed bnt the Herald is
satisfied that in holding and Furnishing
its representative for contempt OF court
he exceeded his jurisdiction, and in that
belief will seek writ of habeas corpus on
Mr.. Warren behalf in the supreme court
OF the state and test the power Of Judge
Clark in the premises before that bench.
For the task undertaken by the Herald S
representative there is ample and justifi-
eo precedent. For the attitude Of Judge
Clark there is absolutely no precedent
In the argument of counsel for Mr. War
rem numerous instances of similar under
takings were quoted. The P1ttsburg
Chroncle-Di Dispatch. the New York World
the San Francisco Examiner have in recent
years had reporters committed to insane
asylums. The Examiner, World and
Chicago Herald have also had reporters
incarcerated in state prisons. iails, homes
TOR the lnebriate and other public lnstltu-
tions and utilized the means provided
by law for getting them into these insti
buttons. In not single one Of these in
stances has there ever bean an attem pit al
Furnishing anybody for contempt OF court.
And in every instance wrong doing,a buse
Of authority, neglect or cruelty has been
discovered and exposed. Invariably radi
cal reformation followed the exposures
brought about by the enterp.ising and
public-spirited press,
The understanding of The Herald s re-
porter was similar. II is only the inves-
tigation of the unknown and unan-
uounced reporter that Investigates. The