Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-03-16


reys. Gear and Robinson in the case
of Walter G. Smith, editor of the Pa
cific Commercial Advertiser, cited for
contempt of court:
The affidavit filed in this case seems
to set out pretty fully all the peril.
.nent. material and relevant facts. The
charge of contempt whether II be held
to be direct or indirect contempt, a
constructive contempt or a contempt
committed in the face of the court, Is
charged technically in apt and proper
words.
On behalf Of respondent II is con.
tended that this court is without tho
power which ordinarily inheres in all
courts of record to protect themselves
and to prevent the obstruction. EN-.
barrassment and hindrance Of the due
This contention is made under the
act of 1883, see chapter ~, Laws Of
1883, which provides, section 1, that
the publication of the proceedings
before any court or judge shall not be
deemed to be contempt, nor shall such
publication be punishable for con.
tempt" Section 2, Constructive con.
tempts shall not be punishable as
SUCH"
We are of the opinion that section
and section of the Act of 1883 must
be construed together under the IA
miliar principle OF law that statutes in
pari materia must be construed as a
whole. The constructive contempts
which are declared not to be punish.
able as such in section 2 of the Act of
1888 manfestly refers to section OF
the same act. which declares that the
publication of the proceedings before
any court shall not be punishable as
contempt.
The right then to publish proceed.
ings of a court--truthfuI and fair pro.
ceedings-the truthful and fair report
Of the proceedings of the court, sub.
stantially accurate reports. is a right
which is expressly given to the citizen
by the laws Of this Territory, and II is
a right which this court cannot in.
fringe upon even IL IL were so disposed.
But this right Is limited to a substan.
tial, accurate publication of the pro.
ceedings. and where the publication
does not consist or purport to consist
of a publication of the proceedings,
= but consists of invention and of false.
hood, calculated to bring the courts
into odium. hatred. ridicule and con.
tempt, thereby embarrassing the infu.
ence of the courts, obstructing and i'm.
peding, embarrassing and hindering
the administration of justice, 1t is n
contempt, and punishable as such UNI
der our laws.
. Now, in the State against the Bee
Publishing Company, Lawyers Re-
ports Annotated. volume 50, page 1917
II appeared that the publication was
made with reference to pending case
The editor OF the paper was cited to
show cause in that proceeding why he
should not be dealt with as and for a
contempt Of court. He appeared in
court by counsel and defended the &C
ton against him upon the grounds
that mo disrespect to the court or Ia
any member Of the court was intended
that the case of the State vs.. Smyth
was not pending; that the publica,
tions were made with good motives
and were not calculated to obstruct
the due administration of Justice" The
Kennedy case was pending. or that
said the court, We have judicial knowI.
edge, and the defendant must surely
have known that the case was In court
and undetermined, for II appears that
the attorney for respondents brought
his brief to Mr.. Rosewater's office and
that the article headed Worthy of Sc.
lpl-
lowed a meeting between the editor
and the lawyer
The defendant in this case has not
taken the stand. He personally has
not denied under his corporal oath in
the vision of lnis court that he had no
knowledge OF the tendency of the case
Of the Territory of Hawaii against
Mccarthy. The copy of his paper
which contains the contemptuous car.
toon in question also contains, in an,
other column, a notice of the fact that
. this case is pending, and that a jury
had been sworn in the cause for the
purpose Of trying 1t.
The first and third defenses are pue
: rile; they amount to a denial that the
defendant intended to violate the law
Under the conceded facts the course
pursued by him was inderensible His
conduct is not susceptible of an limo
cent or honorable construction. The
statute declares that any wilful at
tempt to obstruct the proceedings OF
= hinder the due administration of JUS
tice In any suit, proceedings, or proc,