Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-06


added Justice Steele declared that the other 80 states
listing at that time had managed to exist without this
power Either since that time overlooked by Justice
Steele there should be added to the list Nevada California
and, perhaps, New Mexico.
Idaho has not only joined this list of states which con-
tans Missouri where this czarke power assumed at
time when that court absolutely under the power and
domination of the Missouri Pacific railroad Colorado with
court notorious the nation the corrupt tool of the
corporations and the mining wealth of that state and Cali
foa which only recently through the adoption of the
ca of the judiciary has given the people Of that state
hope that it may be freed from the domination of the
Southern Pacific railroad but it has gone even further than
any other Of these courts
Ignoring the courts Of states like Illinois, Wisconsin
Iowa. Indiana and many other states which have denied
themselves such powers the Idaho supreme court has soft
barrier at the state line each boundary Of the state
within which it shall be considered contempt Of that court
for the newspapers Of the state to inform their readers
what men OF the highest note in the land may saw regarding
the highest court Of this state if what these men may
shall contain biting condemnation Of it's action It true
that minority Of the court has dssented but the dissent
ing opinion is not the law of the state.
1.-The contention that the public good requires the pub
ncaon or the news OF the day though such be
malicious falsehood and SANDER without any merit what
ever says the Idaho supreme But it also claims
the sole right to determine what fasehood and what is
SANDER when applied to itself BY the Idaho court the ee
gram OF Colonel Roosevelt the interview by Senator Poin
dexter the interview by Paul GLADSTONE and the interviews
of State Chairman Gipson must have been considered
fasehood and Islander, and consequently that their
publication was contemptuous for it is mainly upon the
Enumeration OF those artlces undoubtedly that the Capital
News men and Mr. Cruzen serving sentence in the
county jail.
The editorial discussions in the Capital News of the de-
slon oil the court III the disfranchsement case were
clared to be misrepresentation of the court findings in
that case. and contemptuous for that reason The con
strcton that the Capital News placed upon that decision
IS the construction that every lawyer whose opinion has
been asked has placed upon it, and may that these
lawyers may be numbered by the dozens Now if that be
true, how are publishers to know what is fasehood or
scandal II the supreme court may declare mere differ
ence OF opinion to be falseood or scandal? Colonel
Roosevelt declared the decision was Infamous The SUI
rene court undoubtedly held this to be false scandal
GUS on both but It IS, after all, merely difference Of
opinion Roosevelt doubtless believed that to be true
have heard attorneys licensed to practice the bar
Ut this same court say that is true The supreme court
las denied the publisher the right to submit the question
to a jury.
II follows therefore that the only rule that publishers
can follow III this state is refuse publish criticisms
Whatever OF the supreme court else deliberately take
Iher chances OF serving terms Of imprisonment and of
having their property confscated.