Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-06
HOW THE POWER OF COURTS HAS GROWN
written in the Ada County JaiD
CAaaAm.~.~


The supreme court of Idaho has right to deprive
editors and publishers for criticisms either of the judges
OF the decisions OF the courts for hbelng them
They simply have the power to do
We confess that discuss this question under re-
stran restraint not of fear of the court but Of fear that
may lead the people to believe that discussion is
tainted with the personal element OF resentment at tho
court This is not true We5elieve that have right
to feel that resentment and do feel it. but hope to-
prove case before the people and to show them the
mendous evil OF what the has held by the logic and bv
the argument that we present
The power Of courts to punish for contempt originates
IN the doctrine Of the inherent right This right in
divduals is called the right Of selfdeense They are one
and the thing Now, it is we'll known that when
divduas attacked in person aud physical violence
offered the law recognizes the right OF such individual to
defend himself to the extent Of taking the life of his
allow individuals to punish for insults fanced grievances
or wrongs committed against them not their presence
leads to anarchy, and courts and ies have always Sc
Telely punished all such efforts at taking the law into
ones own hands"
Courts equally must have the right Of self-defense to-
protect themselves against dsorderly conduct calculated
TO interrupt the proceedings any disrespect nsolent
behavior toward the judges while presng any breach
CT order decency decor either by parties and persons
connected with the tribunal by strangers present; any
assault made in view of the any dsobedience of
lawful order summons Of the court and the like This
is selfdefense of the court the inherent power ii
is called.
Courts like individuals have always had the DISPOSE
ton to enlarge upon this power In other words they have
been disposed to take the law into their own hands u
whenever themselves aggl1eved, lnSuted
tackled, whether committed within their presence of else
where Unlike individuals they have had no power above
them to restrain them. An individual abusing the right
OF has found himself punished for his agrees
so just as newspapers have always found powers above
them under legal restrictions, to punish them for the
abuse OF the constitutional right Of free speech
The courts not having above them this restrictive
power, like all unrestrained authority since the world
began began to extend that power gradually sure
az 1rst, but final ~ until the right became abused
In the United States after the adoption of the constt
on OF the federal government and the constitutions of the
several states guaranteeing free speech and free press
the courts again restricted themselves to their original
power and no longer claimed the right to 60 out to the ut
termost limits Of their judicial jurisdiction and hale before
them FOR summary punishment persons against whom they
Ie tnat they had fanced real grievances such as had
neen done against newspapers which boldly criticised their
decisions or attacked their corruption against
suspected OF whispering to their neghbo1s like criticisms
or condemnations
These courts, being mindful Of the demands of the peo
PIE which had created them and mindful of the rights re-
served to the people, and doubtless being genuinely desr
Gus OF restricting their right sedefense inst the
same as the laws have restricted the right of
OF individuals, again limited themselves in the summary
punishment OF contempt to Of real sef-defense
Only few OF the states have ever seen fit to on aoan
beyond this limit Justice Steele of the Colorado
court IN dissenting opinion protesting against the de-
termination OF the majority of that court to place Colorado
In the list said years ago that there were only
states which had decided to return to the unlimited an
archstc and tyrannca powers assumed by some of the
courts before the adoption of the several constitutions
hese states ne gave Arkansas West Virginia Virginia
georgia and Missouri To this list Colorado was then