Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-04


l. The supreme court has exclusive power to deter
mine whether anything said done relative said
court its decisions its judges is contempt Of
p The court alone may determine whether not it
is aggrieyed.
B. If it feels agglieved, it may become its prose
cutor through direction to the attorney general of the
person or persons against whom it feels aggrieved.
4 It furnishes its evidence through the produc-
ton of the words declarations which caused them
( feel aggrieyed
s. 1t becomes the jury in hearing and passing upon
the suffciency of the evidence which must have been
garded sufficient before procedure begun else such
procedure would not have been begun.
g. Whether the person adjudged guilty intended
thus to aggreve the court makes difference. Even the
most abjeet apology would be beneficial only in appealing
to the mercy of the court pleasing the vanity of
Judges for the purpose OF mitigating the punishment be
melted out.
Not even the legislature may define what shall con
stitute contempt
s. The court is the sole Judge Of the punishment
Not even the legislature limit the punishment that
may be inflicted its depending solely upon the good
judgment, the mercy the caprice Of the court
The liberty Of the press in this matter is the same
IS the liberty Of the individual The reverse must be true
that the individual is Just liable for any expression that
may aggrleVe the,court is the newspaper
10 Il this be true, then it that the life liberty
and property of every individual in the state depends
solely upon the good Judgment the mercy the caprice
OF the supreme court unless all such individuals shall be
50 fortunate as not to agg1eVe N any manner such
IL There can be no trial BY jury. there can be no
change OF Venue, there can be no appeal
Ibis IS the extreme power of the under the laws
they exist but believe it is fair statement of the
full extent Of that power
Now II the judges who constitute that court shall be
honest wise, capable considerable free from prejudice
cndued with mercy and filled only with the desire to do
nothing but justice under any and all circumstances 10
serious harm will be done
But, Notwithstanding the idea held by some that in
some peculiar manner judges hedged about by some
divinity that does not favor ALL judges are, after all
merely human beings, tie are. They breathe
the air. they eat the food they associate with
the same peoples, they absorb the same moral political
and social atmosphere that do they endowed with
like passions animated BY like hatreds stirred by the
same anmosltles. Other men become corrupt why not
they2 Other mems judgments fail Them why not theirs
lkewse9 Other mems passions lead them astray why
should they not be subjected to the like fraities? If
prcked by the same pin will not their veins bleed? #
rubbed by the rough instruments will not their skins
likewise become tender2
Suppose that III the future years children should
elect to this high rule them who are even less
thoughtful consderate, honest than the rest Of
US, and suppose that court constituted should enter
upon career OF fraud, corruption and dishonor would
not the very power they possess become the instrument in
their hands to prevent knowledge of their corruption
from reaching the ears of the peope And the more
pt they became would not their power be all the more
abused? And the more they abused such power would
not the power for corruption and injustice be the more
increased?