Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-08
THE POWER OF THE COURTS CONDEMNED.
written in the Ada County JsiD

The POWER OF The COURTS CONDEMNED.
written in the Ada County JsiD
Wharton, of the recognized authorities criminal
law in his work Criminal Pleading and Practice dis
the law Of contempt OF court We herewith present
somewhat at length what he says to show that the law
upon the subject is all the side of the small list of
state courts which have magned their power under
the guse of the necessary right of selfdefense the
inherent right which they claim. He says:
effect 'p gdn s' to ~ ~i the as S asssa h @
ss remedy p sa public fe ] a
1t will readily be from this how far from that
sonable rule Of law those courts have strayed which linn
tied the summary processes OF the conempts
committed IN the actual presence OF the courts and which
interfere with the processes OF the courts with the adj
ministration OF justice We have already shown how
the doctrine OF contempt III pending" grew from
this rule OF law. The word pending doubtless first
used IN It's true sense more accurately now expressed by
the phrase ION trial 1t is likely that court orr
other IN the distant past in furnishing for contempt
committed In 'on trial used the words pending
ease instead meaning the same thing But some other
court afterwards in seeking for for punishment of
fancied real grievance in not actually trial
but not fully disposed Of seized upon this phrase pend
ing case and applied it to the before him. In that
manner it is probable that the doctrine of contempt APP
piled to any not finally disposed of-to pending
cases, as the phrase is now nsed-was developed
Wharton still further comments on this matter as
follows:
no.. or 5asss 81, who himself
a o' s d tu%9 na s,o9s ss 'na a d the
procedure eontsmpts other than those mentioned
aipenses without
the fae es con
Now that is language as severe in its condem-
nation OF this unusual power assumed by few Of the
courts any condemnation that has been uttered But
it is not said by irresponsible 'yelow journal or
mnckraker it laid down text book upon law by one
of the best writer's.
The difficulties that ordinary citizens such as news
paper publishers have in conforming their acts so as
to avoid Imprisonment and conscaon Of their
10y such courts disregard this line Of argument the
law as laid down by this writer and Others can be amp6ed
beyond this,
Suppose one felt called upon in the performance of
grave pubic duty he his duty to crtcse the acts
or DEGREES OF court Being possessed of degree Of
intelligence and respect for the constituted authorities
and some knowledge OF legal procedure and being de-
slros to steer himself clear of the commission any
contempt in his criticism and discussion of the matter be-
fore him, what would such person do? Naturally like
other citizens DESTROYS of keeping within the law he would
consult the statutes Of his state That what the
sibe writer and publisher Of the articles in the Cap
1tal News did 1t ascertaned there beyond reasonable
question that no law violated and CONTEMPT com
united under statutory law In this discovery he finds
That the supreme court agreed with him. for that court
held that the articles complained of did come within
the prohibited provisions of the definition of contemnt of
court in the statutes of this state In so holding the s
preme court OF Idaho held that the legislature of the state
has no authority to define contempt Of this state
1.-The Inherent power of the court to punish for con
tempt was not derived from the legislature and such pow
er does not depend upon the legislative will saws the Ida
no court which further emphasizes this point by SAYING
The inherent power OF the court to punish for contempt
cannot be nterfered with abridged by the legislature
SO far as courts of record are concerned l.
SO we any information obtained from the statutes