Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-09
POWER OF THE COURTS CONDEMNED.
written in the Ada County JaiD

County JaD
In its discussion of the question raised before the
people of Idaho in the exhibition of the power claimed by
the supreme court Of this state hope that readers
take notice Of the fact that not at all attempting
to defend the Capital News. We willing to let it be
taken for granted that the publisher and editor Of the
Capital News guilty Of the crime of libeling the
judges Of the supreme court Do not misunderstood We
do not admit it. On the contrary believe that in tria
by jury we could present evidence which would cause
such jury to exonerate What we here say is that
willing to let worst enemies have their way about
it. and still maintain that though we were as
guilty the most guilty newspaper publishers that
published article IN newspaper, yet the law laid
down by the supreme court OF this state establishes pre-
cedent dangerous to the liberties of the American people
III every state in the uon and most dangerous to the
people of Idaho
The guilt of the defendants serving sentence in
the Ada county Jail has been lost sight Of in consideration
of the situation that the people confront because Of
the power that the highest court Of this state has
nounced that it holds.
That declares that it has the power to deprive
the people OF the state not alone Of their liberty but like
wise OF their property and that III doing they the
sole Judges OF what constitutes the crime and of what
proof may be necessary that the crime has been
mltted The inherent right which, writer says
comes from nobody and from nowhere this declares
authorizes them to go beyond the court where they
preside, beyond nterfcrences with their processes
legal orders and permits them to throw out the long
OF the court to hale before as complaining Witness prose-
cutting attorney jury Judge and elecutioner person
who may be unfortunate sufficiently the
anger or resentment OF Who may sufficiently njure the
the law making body to define the crime which they
may determine to punish.
We have already shown that text writers have denied
that this IS the law and that they have declared that it
should not be the law But this denial any such proper
legal power not alone denied by the writer's but by
many OF the most respected courts of the union.
Justice Breese In case before him. speaking of the
danger of what he the unconstitutional power thus
exercised by some courts, says:
voluntary tribute Of the
public worth virtue Intelligence
By public h. and b sssssn p .houa p ]
equal grounds their oouny
and u ne has received an injury ample remuneration will b
The American Law Review in commenting upon a sim
liar contempt SAYS:
proceedings from
unseem a Of irdaa s 81 h, court present to tho public the
deeply wounded by such spectacle
where the people elect their judges
ass tS s % ss s.oua Il. rich.
OF any other public officer No
executive departments Of tho as ply
right publicly to ereisa public officers candidates
B a those who ao. the privilege by the publication
partial jures. = " ~ " ~"
The South Dakota supreme court in contempt ease
declared:
question he had the
and only the wrong which belong
to all other citizens
The supreme court of Illinois uses the same
exactly.
The supreme court of Wisconsin SAYS:
Is it power? feel bound to
hold that considering the rights the
as TINS necessary for the due administration
as us that extreme power is inconsistent with
The mississippi supreme court holds to the same effect
The supreme court of Illinois still further emphasizes