Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-13


Louis XI in the fifteenth century ordered all persons
under penalty Of death to observe January % of each
year feast day in honor of Charemagne when honors
due to the saints should be bestowed In other words he
issued imperial order that all citizens of his domain
should worship Charlemagne as a saint. Although the
penalty for refusal to obey the order death still the
only people in France to obey the command those
connected with the university of Paris which had been
established by Charemagne several centuries before.
Likewise the command Of the Idaho supreme court to-
all publishers of newspapers in Idaho to refrain from
criticism that shall eriticse pain Of Imprisonment for
contempt, for which there is no definition save
what is contained III the bare OF it, and the
Whm caprice venom sense OF justice of the court at
the time punishment shall be melted may dictate will
deter few publishers in the state from doing their full
duty publishers
This is not because there is single newspaper pub
Usher in the state Of Idaho who is lacking respect for
American institutions who does not recognize the
proper lawful division OF governmental powers gov
eminent such Rather they will not be intimi-
dated because of their respect for government it's in
stitutions and its governmental divisions.
The three divisions of government-the legislative
the executive and the jndicialare way, supreme in
their rights each for ITSELF yet higher and safer sense
each has check upon the oheror rather before the re-
cent decision in the contempt case it believed that
each had check upon the other The governor is the
chief executor Of the laws but those laws must first be
enacted by the legislature elected two years by the
people who may instruct and advise them in such legis
atlon and who may, less speedily and more or
less effectively punish them for failure carry the
public will
and shall dspprove any laws not enacted in accordance
with the fundamental laws and instructions given the
legislature by the people themselves
1t has been heretofore supposed that the supreme
court the same the governor and other executive off
GERS was restrained by the laws enacted by the egsa
re and that the court obliged however little might
like it. to abide by the laws the governor how
ever little he might like it.
In that decision, however, advised by unani-
nous voice OF the supreme court that that court has an
inherent power which not even the legislature can
abrdge modify alter and that under this power it may
mprison at will and conscate property limited only by
the amount of such property it's unfortunate victim may
possess.
While the court divided in opinion as to the
amount of punishment to be inflicted and as to the guilt
OF one of the recent defendants in the case then pending
1t unanimous in claiming this arbitrary and lnre-
strained power
1t follows that longer the three branches of gov
eminent IN this state correlated holding restraint
upon the other and serving check upon the other
but the supreme court IS supreme branch of the gov
eminent aside and independent of either of the other
branches. If the legislature attempts to Interfere with
this power just claimed the enactments of that leg
lsaure will be declared null and void IF the executive
having charge the militia of the state should under
take to prevent the court from the exercise of this great
Junction. given neither by the constitution nor the laws
OF the state the court could appoint officers Of its own sf
clent to overpoWer and mprison the chief executive and
his militia unless by of civil conflict between
the two departments of government the and his
army could ovepower by physical force the and its
army.
It may be argued that this is remote contingency
so was 1t remote contingency that the court would de-
above the plain provisions of the laws enacted by the leg
lSlature. but the nv