Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-02

them charges the court with corruptly
deciding case against law for political
purposes and of becoming a party 10
political conspiracy. AS l understand
the law, 1t is vel. settled that to
charge a court with venality or cor
ruption in litigation then before the
court constitutes contempt, for the rea-
son that 1t embarrasses, impedes or
tends to render more difficult and I'M
certain the administration of justice
in that particular case. Judges are
only men vested with the authority CT
the state for the time being, and they
are human like other men. However
honest, courageous and just they may
be, they are still liable to be preju-
diced, whether consciously or uneon-
sciously. one way or the other by such
utterances and publications. Again,
presume they, in common with most
men, like TO merit the. esteem, conf
dence and good will of the people and
community at large, and to threaten
them in advance with the opposition
and displeasure of an influential press
If they decide case in favor Of par
ticular litigant, ana ii 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 il
the case, ii most assuredly place an
added obs IN and impediment ia
the way OF administering unprecedented
and unbiased judgment in that case.
Criticism Lawful.
such charges will constitute as
much, If not more, Of an obstruction
and impeachment in the administration
of justice If made after a decision has
been reached and while petition for
rehearing is pending. In such case,
the petition should be examined ana
considered and passed upon DELHI
erately and dispassionately. Does any
reasonable person suppose for mo-
ment that a court presided over by live
human agencies can as easily fairly
and mpartially consider an application
for a rehearing and the arguments in
favor of reversal or modification NJ
its previous judgment when at the same
time it is laboring under the charge
made broadcast that its original aecis-
ion was entered through conspiracy
and corruption of the judges as 1t
could consider sucl. application il no
such charges had been madea This
proposition needs no argument with
thinking people What | have already
said has reference to charges of cor
rGption on the part of the court made
through the press-it has no reference
to criticism or cehsafe of either the
court or tile judges Of the court Griti-
cisn, censure and protest are lawful
There Is a Difference.
LAS | view he matter in he lipl1t If
our constitution, (Seetion 3, article ~
there can be no contempt of court ~
the criticism of the court or its
judges for any action taken officially
or otherwise. No liability or penalty
attaches for freely speaking, writing
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domain of accusation and yttuperation
and is unlawful. The one sheds light
and intelligence on the subject; the
other turns off the light of discussion
and reason and deseends to epithets
and generates prejudice alone.
Defendants Not Liable.
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