The Honolulu republican. [volume] (Honolulu, T.H.) 1900-1902, 1900-11-21
CONTEMPT OF COURT.

LON Z ! TX W = n
Jud-e Humphreys has high opinion
oi raa dignity thar should surround a
court Reared in the South. where a
wa-s-i.p b. looked upon as the most hon
oraa.e position taat any learned gentle
man uag aspire 10 IL is but natural for
him goo hold tEe views that be- does. The
E.pu9iaau fully agrees with him iu
many respects regarding the position Of
q judge. tla respect due court and The
manner iu which man on the bench
shorld conduct himself. but in taking the
attitude be- did yesterday morning in c.-
gard 20 publications i8 this paper cou-
corning the Miner divorce case, judge
Humphreys evidently permitted either
anger or prejudice 10 run away with
his Judgment lie was wrong in his
attitude that the court reporter or the
editor of this paper had been guilty Of
either direct or constructive contempt
and we fully believe that he himself viii
take that view Of the subject after more
mature deliberation.
We believe i'm the respect due courts
and court proceedings and particularly
when cases like the one at issue are III
trinl This paper never has. and never
will. permit the publication of one line
ia its columns during the progress of a
trial that will prejudice the case either
before the court or before a jury. At
the same time it viii endeavor at all
times 20 publish the news Of the court
and the proceedings in the trial of cases
and neither citations for contempt nor
fines for the same will swerve it from its
course. Courts AMI Judges are human
the same as the rest of mankind and
they are as likely to make mistakes as
people in other walks Of life. They are
also subject TO criticism the same
a. other public officials and whenever
this paper considers that the court. or
members Of il. have performed acts that
they ought not to have done il viii criti-
else them. let the consequences be what
they may.
The supplementary answer Of DR..
Miner to his wife's divorce suit was
filed late Friday evening. 1t was
matter Of record as soon as it was fled
The case was not being held secret. 1t
was 80 be heard in open court and the
papers were open to all who might care
20 see them. as they rightly should be
This being the case The Republican On
Saturday morning published the sub
stance of DIR. Miners supplemental au-
wer. II was In The Republican Of Sat
uriay morning. which appeared on the
street a number of hours before the case
called the attorneys for the plaintiff
moved TO strike the supplemental answer
from the files and the court heard argu-
ments upon the motion.
This was all done in open court. The
reporter for this paper was present
throughout the hearing of the argument
on the motion TO strike il out. He had
been instructed 70 follow the case close
Is. rs it was realized that it was one
Of great public Importance. His report
81 the proceedings Of Saturday simply
told wha, took place and gave in brief
the substance Of the arguments of the
attorneys in the case and the action Of
the court in ordering the supplemental |
answer stricken from the files. While the |
order Of the court rendered this particu- |
lar paper void as regarded the case. the
Of il had already been pub
liShed long before the court even kney
that motion TO strike il from the files
We 20 he rade. How then could a pub
licstion of the argument on the motion
to strike out and the resulting decision
Of the court thereon affect what had al.
ready been printed as part of the pua-
lie record OF the caser Was SATURDAYS /
edition Of The Republican TO he called !,
hack; the subscribers told they must
not read il: or if they had done so. %
forget what they had read aud send the
paper hack TO the office 20 be DESTROYED.
IT locked up. because a document that
iad been a part Of the open court recocsi
a case had been ordered stricken from
B. files and sealed up after il had been
ublished in the Saturday Republican,
: In the ordinary course of events the
proceedings Of Saturday in the case
would have been published Sunday morn.
ne. IL Was in type for publication in
he Sunday Republican. hut was crowded
'ut owing TO the arrival Of the steanler
With the election news. As il embraced
IN important connecting link in the con-
'leie story of the trial il was deemed
wise 10 publish it on Tuesday morning.
Not TO have published the proceedings
f the case on Saturday would have
tamped this paper as lacking in the en-.
erIirise that il has slways boosted and
lways possessed. The proceedings we're
q open court as they rightly should be.
tar chamber proceedings in Hawaii are !
OF wanted whether in the courts or in
be conduct of public affairs sind this I
aper will always fight anything of the /,
ind. IL viii also strive to publish the /,