The Hawaiian gazette., 1902-06-06


ara iUiffi 49, fltsf
fiH tfsaNtft thsi 500 fattH uH
llsHlf b. ~ ~ ~ itu ~ III
sffH A. 90 we. Hu rNHfi M co. fffs9
fINNf h.Tsnts afid HIi Nsa Gai ihHH
az ttisiffrt - nH sHHNf To- rfH
sIaIHH tiHafif . tHHi1 Hfif hffhf A.
NfIif AZ FaHfts thereafter rfnaifi o.
HfN 80 ~ tours thfn iH stistthft
The mefs fssi ihsi ~, statute nsl.lsl
NJ pseiudf " The tffis'ftuff made
uss " g.nsfAl isnnuars fHf ths yuf
paaa. ~ n would stsui N ari1ylNs thn
Act nj aHiy ~ ssisiiHg counts BIT a.
ans that mlshi 'hsfeaftef n, cfsniTf
Midiishfuok Va state. |. Conn "a
Was the At - itS unconstitutional
Tho constitution IN fofts ~ the time
~ its rnacimrut ~hs that uf issi Arti
rlc ~ ~ which VAS 10 friiout The ~.
dlrini powef ~ the Kingdom shnil b.
vested M one supreme Count. aud w
such iuferi0t courts 40 the legislature
may ftum time o. time establish
Article 50 rcads The judicial puwcf
shalt be divided among the supreme
Court and the several inferior courts
of the Kingdom, IN such manner a. the
legislature may from time to time pre-
scribe. and the terms VI office AN the
Inferior courts OF the Kingdom shall be-
such as may be defined by the law
creating them" The Circuit court 81
the First circuit was created by the
legislature under that provision 81 the
constitution. II was, under the mon
archy and the republic. a Legislative as
distinguished from constitutional
court. and u was competent for the
legislature which created II TO define
or limit its powers I'm the matter of
Contempts. The power To punish FOR
Contompts In inherent In all courts. it's
existence is essential TO the preserva-
tion of order In judicial proceedings.
and TO the enforcement OF the judy
ments, orders, and writs Of the courts
and consequently to the due admins
tration OF justice. The moment the
courts Of the United States were called
into existence and invested with iuris-
diCtion over any subject, they became
possessed of this power. But the
power has been limited and defined by
the act OF Congress Of March %, 1891
The act In terms applies to all courts;
whether IL can be held to limit the au-
thority of the Supreme Court which
derives ITS existence and powers from
the constitution, may perhaps be
matter of doubt But that IL applies to
the Circuit and District Courts there
can be no question. These courts were
created by act of Congress. Their
powers and duties depend upon the act
quent acts extending or limiting
their Jurisdiction. The Act Of 1881
Is, therefore. to them the law
specifying the cases in which summary
punishment for contempts may be In
llicted. 1t limits the power OF these
courts in this respect to three classes
OF cases: First, where there has been
msbehavior of a person I'm the presence
of the courts, or so near thereto as to
obstruct the administration of justice;
second Mhere tntre mas peeh hlspe-
nhNloI OF any orlcer OF the courts IN
ms ohlclal transactions. ana thlFu,
WheIe theIe mas peen dlsopedlehce or
| iehlslhhce ny any orhcer' party Juror,
witness or other person To any iaWtul
VIII process, oruei' rune, decree or
command OF the courts. AS thus seen
tle power OF THESE courts III the pun
ishihents OF cohtefnpts can ohly ne eN-
siciseu 70 insure oruef anu ue'oIuih III
'h'. presehct, 10 secure ialthl ulllssS
on inc part OF ther oilcers III their ON
'lal trahsactlohs' ana TO enforce opeui-
ence TO their laWlui orders, Judgments
lnd processes FIX parte ROBINSON ~
wall 300. blo' OIL. see also TX parte
l.ushiTk' - REQ" ~ TX paite fouison'
rel, ~. NO, LOW State W. Naiser,
~ o. %. Whether or not the Act OF
1888 appileu ht the tiule oi i's enact
nclt OF applleS now 10 tne supreme
dta ~. 80 nri,, stiti ~ ',o, oo,,s,i,,,t
,I,,,,n ~ i,,ra,.iar mt g.
por'r,s o." ~, D. 80 H., zoo
M q, 'g iee9 ~, Lila ,,o
,t,," 90 i,s araotr,oo, md g., fnroo a.
- -, 80 S,'aa,,,a A., ,,,, ,ot,'
,t,,,o,1 a., r,,,,'' h,, s,a,,,,n a. H. Ia
49,, a,t
1t Is cohtended mat me organic Act
IS Tue constitution or inns Ierrltory
thti since IN section ~ IL Is PROVIDED
that ihe Jndiclal power OF the Ierrl-
Tory shaI ne vested IN one supreme
| court circuit courts ana III such IN
lerlor courts as the lGgis,atute may
from Time 10 tlhe estaDllHh the Or
cult court OF the FIRST circuit Is con
| aututohai court, ana that therefore its
powers 10 punlstl Ior contempt cannot
ne iiinitea H. however we are 10 re-
t inn ond 40 H. ,nstr,,roe ont Nv which
~ Ctro,,,t Gu, r,as nroatad en- r.
~ also tr,,a that the Iimitatinn OF an