Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-15
The Contempt
Case
Comment Of the Press on Recent
Supreme Court Decision.
Contempt for the People.
(Filer JournaD

laws OF the state In most decided
| manner by finding the owner and editor
OF tie Evening Capital News guilty Of
contempt of court and sending them 10
jail for 10 days and filming them $500.
| This amount. we presume. being suf-
ficient to ameliorate their peeved
minds and restore them to the dignity
and honor they should occupy as SUI
preme Judges of the state.
| This great triumvirate over the lib
erty and freedom of the people, vested
with the power in them created by the
! will of the people rendered a decision
barring the Progressive electors from a
place on the regular official ballot.
| This action was criticized by Col
onel Roosevelt and his message to
| the people of Idaho was print
ed in the Capital News as ordi-
| nary news of the day Owing to Mr..
Roosevelt's position and Importance
before the people the paper also passed
certain opinions and criticisms con-
corning the decision and the Roosevelt
message. For this offense, Sheridan
and Broxon were cited before the said
court, and with the few legal prelim-
inaries necessary to good form, SEN
fenced to ten days in the county Jail
and assessed a fine Of $500.
The revised statutes of the state OF
Idaho specifically provide that in cases
OF contempt a Jail sentence Of not to
exceed FIVE days may be imposed and
a fine of not to exceed $500. Now no.
tice the contempt OF this court for the
| laws of the state, placed there by the
representatives Of the people Five
days, the maximum allowed by law,
was not sufficient to satisfy their lust
for vengeance, but ten days in jail must
be imposed upon these men, whose
only offense was to print the ordinary
news Of the day and indulge in news
paper comment concerning the same.
| my Country It's of thee.
Sweet Land of Liberty:
was not sung in Idaho.
| That great American, Abraham Lin
coin. held 1t to be "A mans inalienable
right. after losing a case at law. to go
down town AMI cuss the courts
| The constitution of the United States
holds: Congress shall make no laws
abridging the freedom Of speech or of
| the press"
| The Portland Oregonian, a conserva-
tive and influential paper. in comment
ing on the case, said: The courts that
must by such methods protect its dig
nifty and independence is sadly in need
OF protection"
/ Colonel Roosevelt In a message said:
II am confident that l express the feel
ing of every American citizen when
say that / am outraged and indignant
/ beyond measure at the infamy that has
been perpetrated In Idaho. No anar-
chist could ever do anything against
courts comparable In effect of these ac-
lions of the highest one OF our state
courts"
/ The Salt Lake Tribune says: 1.-The
supreme court Of Idaho has made itself
absurd by finding the publisher and
managing editor of the Boise Capital
News guilty of contempt of court for
printing that portion of the news of
the day which carried Colonel Roose-
velt's criticism of the Idaho supreme
court This is clear violation of the
constitution, which declares that free
| dom of speech and the liberty OF the
press shall not be abridged. 1t was a
wholly unwarranted bulldozing OF the
press; and we do not believe for one
moment that the judgment of the court
was either sound law or excusable pub
lie policy"
! It seems that great reforms and great
| movements must exact their toll. All
| through history martyrs have given up
| their freedom and even their lives to
| advance the peoples cause. 1t may
| be that the incarceration of these men
| was necessary to awaken the slumber-
| Ing conscience OF the people of this
state to the evils that have been hover
| ing over them since before the state
was formed. Should this be SO. then
Broxon and Sheridan could not have
done the people a greater service than
by giving up their freedom to satisfy
the whims OF Idaho's great political
machine.
Such acts bring to the attention of
the people the only remedy for such
judicial miscarriages, the recall of the
Judiciary. Several states are already
blessed with this law and II has a
restraining power over brigands in Of
flee and saves to the people the power
that they only should possess. Every
American citizen represents a sover-
eign within himself, and when this
right is surrendered to any court, or
body OF law makers, then he has sur
rendered to a condition that will soon
er or later become intolerable.
In this case there is no appeal. there
IS nothing beyond the motives of the
court to which these men can hope.
The case was tried without referee to
take evidence, without jury and APP
parently with but little consideration
for the rights Of the men now prison
ers. The court sat as accusers. Judge
and Jury. They brought the case into
an issue, made the complaints directed
the course of testimony and handed
down the decision and imposed the
sentence.
What travesty on common decency
and what an insult to fair play" and
the square DEAL"
" This II Your Birthday
Small annoyances will cause you to be
unhappy for time, and this unhappy