Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-02

time and again and emphasized BY
printing in capital letters. showing ths
righteousness Of the publishers. They
were intended to raise a popular clamoI
against the court. There was an at
tempt by wanton defamation and false
hood to insult and intimidate the Judges
and degrade the court and destroy Its
power and influence and to inflame
and prejudice the people The liberty
of the press is often calimed as cover
by character assassins to crafty III
will and passion or to pander to the
passion and prejudice of others The
liberty OF the press in its true sense
must be upheld. but fragrant abuses of
that liberty must be punihsed.
Judge Freeman in his note to Per-
ciyal v. State, so Am. St. Rep. 574. di-
vides contempts of courts by news
papers and similar publications into two
classes: First, those in which it Is
claimed that the object OF the publica-
ton was to affect the decision of a
pending cause. SECOND, those which
have for their apparent purpose the
bringing of courts. or the judges and
other officers constituting an essential
part thereof. into discredit. The ar
ticles complained Of in this proceeding
really come under both Of those heads,
as no doubt the object and purpose of
some of those publications was to affect
the decision of a pending cause and
some of them were for the purpose of
bringing the court into discredit 1t
was a direct attack upon the court as
a court, and the judges, by prosecut-
ing a civil action for libel or Islander,
could not protect the honor Of the court
and the court could not bring pri-
waite action to protect itself, and its
only means OF protecting its honor is
by a contempt proceeding.
1T was said in n late case, decided
by the supreme court of Georgia, on
Oct. II, 1912, In re Fite, 76 s. E. 397,
as follows:
1t is suggested that the proper
remedy, where no case is pending and
the court is scandalized is prosecution
for criminal libel Where a publica-
ton which constitutes contempt con-
tains libelous attacks, prosecution for
libel can also be instituted, but the
character OF publication as a criminal
contempt Is separate from its char
acter as a criminal libel. The one is
punished by the court whose judicial
integrity Is assailed, the other may be
prosecuted before jury for a viola
ton of the criminal statue. 1t would
be the grossest injustice to compel a
judge to leave the bench and assume
the role of prosecutor to protect the
court from libelous and contemptuous
Courts are not required to en-
force respect through verdicts by juries,
but possess the power to punish as for
criminal contempt. lbelous publica-
lions upon their proceedings, present
and past. upon the ground that such
publications tend to degrade the tri-
bunals, destroy public confidence and
respect for their judgments, and eff
feetual1y obstruct the free and Impair
tial cause of justice :.
II this court does not defend and pro-
tect itself from slanderous charges of
the character contained in the article,
the individual judges would deserve
and should promptly receive the CON
tempt of all intelligent and honorable
men, for the court which is too weak to-
demand and enforce decent and re-
spectful treatment cannot expect to
secure or retain the respect and con-
1denee of the people,
Proceedings in contempt we're sas-
aimed in ex parte Baird, 81 n. B. 80.
based upon a publication which charged
l judge with having granted, for pure
y political motives. a writ of prohi-
oition to stay proceeding to recount
votes polled at a recent election.
THE liberty of the press is not pro-
tected against the publication of de-
iberate falsehood and misrepresenta-
ion in regard 10 decisions of courts,
wen though the publishers may think
hat public or political interests would
,e served by such falsehood and mis-
The contention that
he public good requirea the publca-
ion of the news OF the day even though |
3uch news be malicious falsehoea and
SANDER Is without any merit whatever. /
The public press is not licensed to do
wi even under the misapprehension |
hat good may result therefrom The I
public press has no more license to
oablish falsehood and defamation than
las Il private individual. If there be T
sentiment among the people demand |
ng the publication Of falsehood and /
:alumny, and charging courts with I
telling their decisions. II must have /
,een formed very recently from the ut
FRANCES and publications of yellow
ournals and muck raking magazines
md violent and depraved agitators
Who seek to annul the constitution of I
he United States and the constitutions
# the several states, and who have
lifted and undertaken to degrade the
ourts established by the people them
elves. But we do not believe there
5 public sentiment in this state that
that the public press make
alse charges against the courts In
rider that good may come therefrom
r to promote some contemplated re-
orm. 1t has been universally reeog-
ized that injury would flow from I'M
ridled tongues and pens, and by con-
eding to the courts the power to pun
sh contempts against them. generally
he people have recognized since the