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


be found no case in which this power
has been harshly or oppressively ex.
ercised by court of final jurisdiction.
Indeed, such courts have not often
camed publishers to account for con.
structive contempts, because 1t has
rarely happened that a respectable
public journal welding any consider.
able influence has deliberately employ.
ed outlaw methods in attempting to
control judicial action.
Cases of this kind originating in the
lower courts are very numerous. we
will not take the time to cite them or
any of them. But as was said by the
Supreme Court of Iowa in the case of
Field against Thornell, f06 Iowa, page
Is, II seldom happens that an honor.
able journalist SO far forgets his self.
respect as to trespass upon the rights
of the judiciary, or to seek TO control
or improperly influence its conclusions,
We have, OF course, no desire to re.
strain in the slightest degree the free
dom OF the press. OF to maintain the
dignity of the court by innicting pen.
alties on those who may assail us
with defamatory and malicious publ.
cations. Our decisions and all our of.
fetal actions are public property, and
the press and people have the uu'
doubted right to comment on them.
ind criticize them and censure them
as they see fit. Judicial officers. like
other public servants. must answer for
their official actions before the chan.
Gerry of public opinion; they must
make good their claims to popular es.
TEEN by excellence and by virtue. by
faithful and efficient service, and by
righteous conduct. But while we con-
cede to the press the right to criticize
freely our decisions when made. We
deny to any individual or to any class
OF men right to subject us to any
form of coercion with the view of al.
fecting our Judgment in a pending
case In the Iowa case above cited
It is said: Courts are constantly
passing on questions affecting the life
and liberty OF the citizen as well as
ne rights OF property, and the free.
dem OF the judiciary to investigate
ard decide, is quite as important to
the well being of society as the free.
DON OF the press. Men, said one
WIZ knew them well. ARE flesh and
blood, and apprehensive." Few stand
rhmoved by the clamor of the multi.
le. Various motives. of course. con.
spire to make people deny and even
to disguise from themselves the fact
that they are amenable In any degree
TO the force OF popular opinion. But 1t
is folly to deceive ourselves, 1t is futile
To attempt to deceive others. Threats
public clamoT have before now swayed
the judgments and fixed the purposes
Of resolute men, and 1t will be well to
remember that what has happened mas
occur again. Men have in the past
yielded TO the demands OF an angry
populace, and IL Is quite possible that
they may yield again. Moral fibre ia
not stronger now than IL ever was Le-
fore. Courts are charged with The
solemn,sacred and high function of adj
ministering justice, and II Is their duty,
not only to give to every sutton his de-
mandable right. but to give him as
surance that no banned and hostile IN
tiuence shall operate against him white
his cause is under consideration beIorg
the court and before the jury. a liti-
CANT Is entitled not only to Just leci-
sion altogether free from coercion or
suspicion Of coercion. Nothing else
will satisfy him, nothing less can I'LL
the measure of his expectations. He
has no standard with which to gauge
judicial firmness; and II the court has
been exposed to influences calculated.
as in the Mccarthy case, to tell agains.
him, he will NOT know whether an al.
verse decision is the voice OF the llW
or the cry of cowardly and Jrutal
editor.
Our views upon this matter are well
expressed in the following excerpt from
the opinion Of Judge Lawrence In the
People against Wilson, "a Illinois,
page 1876: "A court will, OF course, en-
deavor 10 remain wholly uninilTGnce /
and unprecedented by publications like
that under consideration, but will the
community believe that II was able ia
do so? Can II even be certain IN re.
gard TO itself? Can men always be
certain OF their mental poise? A triad
man might be Influenced to yield, while
combative man would be lriven In
the opposite direction. While the ac-
utal influences are on one side or the
other. SO far as 1t is felt AT all II be-
comes dangerous to the administration
, OF justice. Even Ii court Is happily
composed of men OF mature years IND
of such firm and equal temper that they
remain wholly uninAuenced In either
direction, nevertheless, "A disturbing
influence has been thrown into the
counsel chamber which II is the wise
policy OF the law to exclude" Equally
pertinent are the remarks of Judge
Elliott. In People eX rel. Conner VS..
Stapleton, Is Colorado, SOS. Judges arc