The Hawaiian star. [volume] (Honolulu [Oahu]) 1893-1912, 1902-03-17
THE LAW OF THE CASE
HAWAIIAN STATUTE REGARDING
CONTEMPT


The following are the sections of the
statute involved i'm the proceedings for
contempt against Walter G.. Smith. It
viii be seen that the first of these Sec
lions which describes the ouense all
lged against Smith assumes "a trial by
jury
Section 2j7 Whoever after trial by
jury, is adiudged guilty of contempt of
any judicial Court, whether by open rec
sistauCe to the process or proceedings
thereof, or of any Judge or Justice
thereof in the lawful exercise of his jul
diCial functions; or by insulting, con-
temptuOus, COntumeliOus, disrespecttul
or gIsOrderly language, behavior or act.
or breach of the peace, noise or other
disturbance i'm the presence or hearing
thereof when i'm session; or by willtul
disobedience or neglect of any lawful
process or order or by refusing to be
sworn as witness, or when sworn, to
answer any legal and proper interrOga-
tories, or by publishing animadveTsiOus
ON the evidence or proceedings i'm a
pending trial tending to prejudice the
public respecting the same, and to OBJ
struct and prevent the administration
of Justice; or by knowingly publishing
an unfair report of the proceedings of
a Court, or malicious inNecttNes against
Court or jury tending to bring such
justice into ridiCule, contempt, discremt
or odium shall be punished by imprl-
sonment at hard labor not exceeding
two years, or by fine not exceeding five
hundred dollars; provided, however,
that every judicial tribunal, acting as
such, and every Magistrate acting by
authority of law in a judicial capacity
may summarily punish persons guilty
of contempt, as follows:
Il. The Supreme Court by imprlson-
ment not more than three month, or by
fine not exceeding one hundred dollars,
or by both such fine and imprisonment,
in the discretion of the court.
"2. Any Circuit Court or any Court
of Probate, by imprisonment not more
than two months, or by fine not exceed
ing one hundred dollars
8. Any Circuit Judge or Police JUS
tice by imprisonment not more than
thirty days, or by fine not exceeding
fifty dollars.
a. Any District Justice Coroner, or
other person acting in Judicial capa-
city by authority from any Court of Re
cord by imprisonment not more than
ten days, or by fine not exceeding ten
dollars.
Section 25S. Hereafter it shall not
be lawful for any Court, Judge Police
Justice. District Justice, Coroner or any
other person having power to inlet
punishment upon any person VINO may
be adjudged guilty of contempt, to add
the punishment of hard labor to any
sentence which may be passed upon any
such person adjudged guilty as afore-
said.
Section 259 Persons punished accord
ing to the provisions of Section 25I shall
also be liable to indictment for the
same misconduct, if it be an indictable
offense; but the Court before which a
conviction is had on the Indictment IN
passing sentence. shall take into con-
sideration the punishment before intllct-
ed.
section 26O. When the contempt
consists in the omission or refusal To
perform an act which is yet in the pow
er of the party to perform, he may be
imprisoned until he have performed II,
and in that case the acts shall be spe-
Gifted in the warrant Of commitment.
section pol The publication of pro-
ceedings before any Court or Judge,
shall not be deemed to be contempt nor
shall such publication be punishable as
contempt.
Section 1852. Constructive cOntempts
shall not be punishable as SUCH