Evening bulletin. [volume] (Honolulu [Oahu, Hawaii]) 1895-1912, 1902-03-16
Decision OF United States
CIRCUIT JUDGES
In Case Of Editor Smith

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,La ah,,rroa ., .,.,-,,.. a., ,,,,.s-.,,
and ,,,,rar,ioti,,. 80 ,ho soai.,an a,d
thrs on, f,dopco In ,ho .,5r,in,,,r,,In,,
or iusti,e is iunoirod It "a M, o,,i,.
imnnrtan, tba, ,ho ,r,a, 10 oarsos sh,i,
10 .un,r,,aI ana ,bat NJ ,1orist,,ns .,
Tho on,,r,s shou no ,,,s, ,,, I, T., ,.,,.
nor,on, th,, co,,sos sbol, ho ,,,od andI
i,dar,o,,. roraoroa ,,,I,Lo,,, hiaa Ter
out nroi,dioo ar ir,nronor inf,uo,,co Of
any lind 7, is mo, merely a nrlv,to
wrong ag,ins, rho rioh,s ~ li,i,,nts
.,a aaoins, ,,o ,irh,a 80 ,,,a,o. 1, 4.
nrhi,o ,,-oro or,roo ar,ins, .,o
S,ato aoo,nst tbo dooono,, nnd aooI
order ., sooIot,. The, ,ar,,, 49, NO,
succood In s,cb rndor,ot,,,'r u.,,,oh ~,
morisestlv into,ds lossons HE orrorso
only in degree HE abiI,t,, IA do bor,,
is confined Il is limited he the .,ow,
nersonal weoknasses NJ tho wr,tsr oS
sucb articles and tho c,,ra,rrt i,,o
which they generally hiring him wo
feel ou,te sure that the n,,hi,oo,,o,s
here in ouestiop have moi 4, tho hast
deferred us from d;scb.rg,nU u,,h
6deIitv our dptv In tho coso ot los
They were manifesto intended m ovor.
awe and iptimidate This corr, ,hoy
anna ring IN be MT fortb ,or ,ha n,,r-
nose NJ nrevorti,g doo,sio, H., a.,
iurv In favor ~ tho dosorIor, Thov
were under the circumstances no,nohlo
acts nj iournalie,ic IauIossnass ord
anarchy calculated 70 uoaIon ,h. t.
denandance q, tho oo,,r, o,a o., aos,,o,,
confidence 4, i,s irda,on, ~ ,,,a,,,,.
Thorn "a IN dsr, tho s,,,,ro,,,o.,. =, a..
Iaw ord 70 .,s,.o. H. daa,.,,,. =,
pews,oror ohsnI,,,ia,, -. .,,a -
ne n troa rrogs To -, 49,. 80
ers NAV nromote tboir intaros,s In
nending li,is,t,or ~. rosor,i,n -
methods not available to Others ia 10
strike down our much Wanted princI-
pie of equality before the law" and
to declare that journalists who choose
to become malefactors are a privileged
class, and entitled as such to go I'M
whipped of justice. But the law rec
ognizes no such distinction: II never
has recognized It, 1t accords to pub
fishers. says Chancellor Wallworth, no
rights but such as are common to all.
They have Just the same rights as the
rest OF the community have: no more
and no less. man who speaks in a
newspaper has no greater right than
he who speaks out OF 1t. A newspaper
Is no sanctuary behind which a person
can shield himself for breaking the
solemn laws OF the land. We have not
acted in this case out of any spirit ol
resentment: indeed, We have no reason
to feel specially aggrieved. The natural
tendency Of the article is. however and
the cartoon Is to interfere with and
oDstruct the due administration Of jus
tice OF this court.
II Is the unanimous opinion OF the
judges OF this court that the defendant
should be held guilty as charged in the
complaint herein.
W. o. Smith. in answer to the re.
marks OF the court, said that there was
no necessity for further showing on
the part of the responder: that 4
sworn return had been made in which
personal knowledge was disclaimco
and that the cartoon related to the first
trial, case in which the decision had
already been given
Judge Gear replied that tho contempt