The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-01-03
A CoNTEMPTIBLE FINDING.

The Supreme Court of Idaho has made
itself absurd by finding the publisher
and managing editor of the Boise CaPi.
tai News guilty of contempt Of court
for printing that portion of the news
Of the day which carried Colonel Rooso-
velt's g criticism Of the Idaho Supreme
Court This is clear violation of the
privileges of the press, violation Of
the Constitution which declares that
! freedom of speech and the liberty of
the press shall not be abridged.
Colonel Roosevelt INDUCED in some
criticisms of the decision OF the Idaho
Supreme Court where it ruled the
| Roosevelt electors of the official ballot
in that State. Tho Associated Press
carried that criticism as part OF the
news OF the day, as II was quito proper
that it should do, for il was an impor-
tant part of the days expression Of
opinion, and entirely 6t as portion Of
that news. To have omitted this
Roosevelt criticism would have been to
| omit something that was important,
and that ought to have been conveyed
to the people of the country, and es.
pecially TO the people Of Idaho. 1t
was because of the Importance Of Colo
mel Roosevelt's position, his standing
in the campaign, and the gravity of
the matter treated, that the Associated
Press, rightly, carried this expression
OF his opinion. 1t was matter proper
to print anywhere in the United States.
Only in the State Of Idaho was it
possible TO visit any punishment upon
any newspaper for carrying that por
tion of the day s news report. Any
paper in the United States outside of
Idaho could and did print that criti-
cism Of Colonel Roosevelt IS, with en-
Court TO step in and say that this news
was not privileged in Idaho, though
privileged in every other State, and
that it was within the power OF the
court to punish newspaper for print.
ing il and TO hold such punishment
in terrorcm over Idaho newspapers to
prevent their printing it was wholly
unwarranted brhldozing OF the press;
and we do not believe for one moment
that the Judgment of the court was
either sound law or excusable public
policy. We presume that some means
Will be found 10 carry this case into
the Federal courts, so that the provis-
ion Of the Federal Constitution can
come into play for the relief of the
journalists thus unjustly punished,
We note that Justice Ailshie dis
seDted from the conclusions Of the
other two members Of the court. And
quite justly so, although ne put his
dissent upon technical grounds It would
have been more to his credit if he
had fairly faced the issue, and stated
manfully that the functions of the
Idaho Supreme Court did not extend
TO the point of suppressing for the
people of Idaho the news of the day,
even when that court was criticised
by some outside individual whose promi-
nence made his opinion matter of
interest to the people of the coun.
try.
As the matter stands, the Idaho
Supreme Court has made itself both
offensive and ridiculous in the eyes Of
the American people, and will suffer
accordingly in the public estimation.
Doubtless there will come a time when
the Idaho Supreme Court will be
ashamed of this exhibition of spiteful
folly, and will have the whole record
of the case erpunged. 1t is pity
indeed that the judges who have de-
be held personally responsible in the
law for damages by reason cf the in
vasion they have made of personal
right and the obloquy which they
have attempted to inflict upon these de-
PENDANTS. A lack OF personal response
bility on the part Of judges at times
leads them TO do things which they
would not dare to do if there were anv
legal way Of holding them accountable
for their acts. A fair responsibility
attaching TO the persons delivering such
opinions would compel them to pause
in inflicting mischievous or malicious
punishments. For it is no moro the
right of a judge than of any other
individual to hold citizen up 10 OBJ.
loquy, seorn and slurring punishment.
without due and proved cause. justified
in the Constitution and the statutes.
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THE USUAL THING.