The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-03-14
CONTEMPT OF COURT.

CONTEMPT or COURT.
One of the crying evils OF the day. in
the United States. is the uncertainty
OF the punishment OF crime. The
growing tendency OF the courts to re-
lease undoubted violators OF law on
technicalities so himsy as to be incom-
prehensibIe to the intelligent lay mind.
has brought the administration of jus
tice into such disrepute that i'm certain
portions thereof the people no longer
expect that an admitted criminal will
be punished. provided he has money
enough to pay lawyers. This uncer-
tainty-or rather. the almost certainty
that the vioIatOr OF law will not be
punished. or will be inadequately
punished. is more responsible for mob
law and lawlessness than any other
one thing. When people can not be
sure that the courts will enforce the
law. the inevitable tendency is toward
taking the law into their own hands.
Until recently Hawaii has known but
little of this kind OF justice. The
criminal side or the court has been
prompt. reasonably certain. and tech
Since the incumbency of Judges Hum
phreys and Gear. however. the judges
of the Territorial First Circuit. all this
has been changed Scores OF men who
have undeniably committed crimes
have been released on mere tehnicali-
ties. Included IN the list are murder
ers. burglars. and men who have COM
ryaFff 9TH nd fcla
meanors. Some of the cases may have
been properly dismissed. They proba-
bly, were; but the frequency of the
technical defenses sustained I'm the
First Circuit Court has become alarm
ing and a distinct menace to the or
DERBY conduct OF public justice.
The Advertiser has noted this tenden-
cy with concern. and has felt in duty
bound to call public notice thereto. both
pictoriaIly and by letter press.
The latest case OF the kind to come
to the attention Of this paper was that
Of one Mccarthy. who was charged
with having severely beaten and bitten !
his wife. He was indicted and con- /
victed therefor. by jury. After con- I
victiOn he was released by Judge Gear /.
ON technical reasoning that appeared to
this journal to be utterly insufficient.
Thi. charge We believe to be against
law. and calculated to bring the ad- /
ministration Of justice into contempt I
and disrepute. In the exercise of the
functions OF an independent public
journal. this belief was expressed in a
cartoon pOrtrayins Judge Gear be-
slowing n blessing upon a man in the
vet OF biting a woman's ear.
This cartoon was decided upon imme-
distely after the decision Of Judge
Gear. and orders Were then given for
Is production. The publication was
delayed Tor lack of space until Wed
nesday morning last. For this publi-
cation the editor OF this paper has been
cited for contempt Of court and SEN
fenced by Judge Gear to- thirty days
imprisonment in Oahu Jail. upon the
ground that Il Is disrespectful To- him.
and also because IL relates to a matter
row pending.
A. = matter or fact. the prosecuting
authorities brought another charge
ISain-t Mccarthy. involving the same
acts on his part. after he was dis
rhargcd by Judge Gear. Although the
"ourt notes Of the paper referred to
this. the tendency Of this new charge
was unknown To the editor Of this
PAPER at the time Of the publication Of
The cartoon in question. the matter not
having been drawn To his notice
The Advertiser understands the cor
-rct Interpretation Of the law Of con-
fempt of court IN Hawaii to be. that no
publication ~ newspaper. OF any pro-
r"edings Of a court. or of any criticism
Dr comment thereon IS contempt Of
court Nevertheless. had the editor
l-rCwn II the tendency Of this new
barge, based on the same state OF
acts. he would have withheld the 4
publication OF this cartoon until the
Ine was disposed Of As il is he Is
dyised by legal counsel. and claims
nat the publication Of the cartoon in
.Iestion does not constitute contempt
90 court. \ writ " habeaS corpus has
o'-n issued by the Supreme Court.
hich will bring the whole question up
f'r review before that tribunal Mean
Iiis. Mr. Smith has been released
F.H-' ~vr'0s'v - hail