The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-11-21
COURT WOULD PUNISH
EDITOR IND REPORTER
A Republican Article
Arouses Judge
Humphreys.
HIS ORDER 10 ATTORNEY GENERAL
ATTORNEY GENERAL REFUSES
TO COMPLY WITH THE
INSTRUCTIONS.
Says that the Newspapers Have &
Right 70 Publish All Pro-
ceedings Taken N Open
Court.

y genuine sensation. Of the variety
10 be expected ia public court room.
was sprung yesterday morning by Judge
Humphreys. II threatened 10 involve
the editor and the court reporter Of The
Republican in the form Of proceedings
against them for contempt, but before
the end OF the day il came To- naught.
A. the opening OF court. just as the
Miner divorce case was 20 DE- ta.l mp
for the third day OF It's trial Judge
Humphreys called Attorney General l..
J.. Dole Co th. bar and said as an intro
ducJiou 90 the matter ia uand that the
court had sent for the attorney general.
On NOyepler l., said the judge. in the
Miner divorce case an amended aud sup
Elementary answer OF Or. Miner to the
complaint of his wife was pending The
answer had been filed the evening before
and ON the 18th motion was argued
TO strike the amended and supplement
tary answer from the files on the ground
that II contained matter that was ir-
relevant. immaterial and OF scandalous
nature. The court held that it was not
10, duty TO separate the relevant matter
from the other
The attention Of the court had been
called to an article on the sixth page
of The Republican Of yesterday morning
with the following headlines:
Has Answer Stricken From Court
Files-pr. Miners Allegations Were OF
Scaudalous Nature-Would Reconcile
the Couple-Circuit Judge Humphreys
Makes Appeal to Christian Persons
Notable Divorce Suit on Trial Saturday
Developed a Variety of Situations-D-.
Day Testifes."
The judge stated that the article con.
tanned a resume of the amended and
supplementary answer from the stand
point Of the proceedings upon it in court
ON Saturday
Then the judge with much emphasis
told the attorney general that the ends
OF thar court proceeding by that publ.
cation had been thwarted and frustrated
that Or. Miners answer had been taken
from the records Of the court and sealed
up in an envelope and marked in red
ink. ENpunged aud stricken from the
tiics Of the court by order of the court"
The judge said that newspapers are en-
Titled 10 the use of matter that is of
record. hut after it was stricken it was
a question and the attorney general
could make this test case if he so de-
sired. At any rate the article had hin.
dered and obstructed the object of the
removal Of the scaudalous paper from
the files
Judge Humphreys then ordered the
attorney general to bring proceedings
against the reporter who wrote the arti-
Gle and the editor who permitted it to
be published" for indirect criminal con
tempt, and went on to say that upon
conviction substantial punishment Of
Imprisonment would he meted out.
Mr.. Dole in reply merely said that il
was his present impression that the court
had jurisdiction in a matter Of indirect
contempt aud that he would look into
the matter.
During the afternoon session Mr..
Dole returned to the court room and read
the following. asserting that he was not
subject 10 the order os the court in the
matter, exonerating the members of The
Republican staff who were involved and
declining TO take any action whatsoever:
In the Circuit Court OF the First Judi
cial Circuit. Fer the Territory Of
Hawaii November Term. 1900.
In The Matter Of the Alleged Contempt
Of Edwin $ Gil. ct al
To the honorable \. s Humphreys
First Judge Of Said Court;
Now comes the attorney general of
said territory and SAYS that on the a0sh
day Of November. 1900. the first judge
OF said court. in open court called the
attention of the attorney general to
publication in the Honolulu Republican. |
q Hawaiian newspaper, of the same date.
entitled. Has Answer Stricken from ,
Court Files. and requested and. 50 far !
IS might be in the power Of said judge. !
Ordered the attorney general TO institute |
proceedings fer contempt OF court against |
one Edwin s Gin. editor Of said news
paper. and against the reporter who !
wrote said publication.
The aiorney general respectfully SAYS !
thar according 10 his understanding of /.
the law. the attorney general is not sub |
ject TO the orders of the court in the |
premises.
The attorney general is credihly in /
formed that Dr. Miners answer TO Rose I
Miners divorce suit against him was
read in open court. as a part Of the iu- :.
dicial proceedings. before il was ordered 4
stricken from the files Of the court. See-
tion eGl Of the penal laws OF 1897 pro-
vides that: The publication of proceed
ings before snr court or judge shall NOT
be deemed to be contempt. nor shall such
publication he punishable as contempt
The attorney general believes that ssij
section is a legal defense TO a charge