The Grangeville globe. [volume] (Grangeville, Idaho) 1907-1922, 1913-01-09

wise a witness who refuses to tes-
tify to material facts in a case
may be. summarily dealt with.
These illustrations merely show
that the power does exist beyond
all question.
Opinion Differs on Right.
"The real debatable ground is
reached when it comes to deal
ing with writings, utterances and
publications concerning the acts
and proceedings of courts and the
judges of courts. In that field
there is great diversity of opin-
ION among the courts, lawyers and
laymen as well. In this case
do not consider it necessary to
travel into any doubtful or uncer-
tain field of legal speculation,
for the reason that the .publica
tions are all admitted, and it is
clear to me that more than one
of them charges the court with
corruptly deciding case against
law for political purposes and of
becoming party to political
conspiracy. AS l understand the
law, it is well settled that
to charge a court with venality
or corruption in litigation then
before the court constitutes con
tempt, for the reason that it en-
barraSses, lmpedeS or tends to
render more difficult and uncer-
tain the administration of JUS
tice in that particular case
Judges are only men vested with
the authority of the state for the
time being, and they are human
like other men. However hon
est, courageous and just they may
be, they are still liable to be
prejudiced, whether consciously
or unconsciously, one way or the
other by such utterances and pub
lications. Again, / presume they
IN common with most men, like
to merit the esteem, confidence
and good will of the people and
community at large, and to threat
en- them in advance with the op-
position and displeasure of an in
fluential press if they decide a
case in favor of a particular liti-
giant, and if they do so they will
be charged and denounced as the
tools of the criminal class, while
it may in no way effect the final
judgment in the case, does most
assuredly place an added obstruc-
ton and impediment in the way
of administering unprejudiced an
unbiased Judgment in that ease.
Criticism Lawful.
Such charges will constitute
as much, if not more, of an OBJ
struction and impediment in the
administration of justice if made
after decision has been reached
and while a petition for rehear-
ing is pending. In such case, the
petition should be examined and
considered and passed upon delib-
erately and dispassionately. Does
any reasonable person suppose for
a moment that court presided
over by live human agencies can
as easily, fairly and impartially
consider an application for a re-
hearing and the arguments in fav-
or Of a reversal or modification
Of its previous Judgment when at
the same time it is laboring un-
der the charge made broadcast
that its original decision was en-
tered through conspiracy and cor
ruption of the judges, as it could
consider such application if no
such charges had been made
This proposition needs no argu-
ment with thinking people.
What / have already said has ref
erence to charges of corruption
on the part of the court made
through the press-it has no ref
erence to criticism or censure of
either the court or the judges of
the court. Criticism, censure and
protest are lawful.
! Continued on page 81