Evening capital news. (Boise, Idaho) 1901-1927, 1912-12-10

Bogart & Hasbrouck. associated with
John J. Plowhead of Caldwell In the
contempt case against r. 8. Sheridan
and, C. o. Broxon of the Capital News
by the attorney general in the supreme
court OF the state, yesterday delivered
q strong argument in favor OF a free
press, His remarks were not
transcribed by the stenographer In
time for publication yesterday in con-
nection with the account of the pro-
ceedings, but they are given herewith
as follows:
II realize the importance Of this &C.
ton and want to say that have the,
highest respect for this court and the
deepest regard for the individual men,
bers thereof, but / appear here today.
feeling that possibly a great injury
may be done not only to the defendants
in this case. but to the supreme court
OF the state Of Idaho and to the press.
believe that this case must be adjudi-
Gated in solemn, thoughtful manner;
that we must not be carried off by
prejudice or by hatred but we must go
Into this case without any regard to
our personality or our personal feelings
In tho matter. Now. If the court
Ql6eASoS VIC CA a. = NAcoA -,
this case for the reason wa have not
had time to draw up brief in the
case and lay before you all the au-
thorities that apply.
Should Not Show Weakness.
II want to say this in the beginning
that counsel for the state has laid be-
fore this court the proposition that
this matter was pending when these
I,o hos n
on the proposition that it came up for
rehearing. If the court please, and it
is laid down In the authorities that no
court will say that 1t will be in any
way influenced when a matter is up
for rehearing by any criticism that
may be made Of the opinion that they
handed down. II you do do that, then
you show your weakness and that
weakness has more of a fragrant eff
feet than a publication Of the article.
This court don't want the state to take
the position that when 1t passes down
an opinion and asks 1t to be published
over the world that the mere fact Of an
adverse criticism Of that opinion would
have any effect on its rehearing of
that case.
Articles Como After Opinion.
sIf the court please, will show you
what Judge Steele says regarding that,
which believe Is the proper theory.
II we eliminate the proposition that
this case is pending when the re-
hearing came up, then you have got
down to the proposition that this con-
tempt, If any, was had after this deg
cision had been passed and handed
down by this court and all the au-
thorities NEUTRALITY-SUSPICIOUS. all Of the
authorities submitted by counsel Tor
the state apply to decisions or to mat
ters that are then pending before the
court and matters in which the court
has not passed on and will agree with
him, If any article was published with
the intention of influencing the court
when it was trying the cause, then
believe that article is contemptuous.
but after this court has passed down
its opinion, l don't believe that this
court can be influenced. and the dig
nifty Of this court would be such that
it could not he influenced by any ar
ticle criticizing that decision.
Under the constitution Of the state
of Idaho, we are not going to abridge
that right-every person may freely
speak, write and publish on all sub
1ects, being responsible for the abuse OF
that liberty. You are going to punish
or the intention of the state is to pun
ish these defendants for the abuse OF
that liberty.
Must Enlarge Limits
Regardless Of the fact that counsel
says this Is a cause for criminal con-
tempt, he has not quoted any statute.
He goes back to the inherent Iower of
the court; back to Blackstone and 1t
as an open fact, IL the court please,
that all the different states OF the
United States have gotten away from
the old theory Of Blackstone The