Evening capital news. (Boise, Idaho) 1901-1927, 1913-01-07
HOW THE COURT POWER HAS GROWN.
written in the Ada County JaiD


We yesterday completed the service Of the greatest
amount OF Imprisonment in contempt such that
alleged wherein serving sentence Of mprison
lent that is allowed BY the statutes Of the state Idaho
and today begin the service of the sentence OF mprson
nent imposed by the court and above that allowed By
the statutes
This important only indicates the people the
growth and increase OF that power which yesterday
tried to show readers that the courts have assumed
themselves i'll few Of the states Of this country since the
adoption of the federal and state constitutions
The inherent power, sefdefense right of the
court explained exactly the right that
individuals have which, all know only be law
uly exercised III grave affairs endangering the life of him
who exercises the right hence one that can only be
clsed III his presence 1t readily be that most
contempts thus committed would necessarily be COM
mitted while trial hence when cases were
pending. Courts gradually began extending this doc
trine OF inherent power i'll pending" until
finally the Idaho court has just declared is
pending for 20 days after it has been decided the
decree Of the court has been carried into full effect
though by reason Of carrying out the commands of the
court physical power the subject matter Of the decis
ION had been lost.
For instance suppose sheriff should be ordered bv a
district court to execute criminal condemned die but
should appeal from the order Of the district the
supreme court that other proceeding should be brought
III the supreme court and that tribunal should command
the sheriff to proceed forthwith to the execution of the
condemned man and the officer should proceed to the per-
torrance Of his duty under that order Would not be
sheer folly to claim that the public press would be de-
barred from discussing the ccising the decision or
censuling the should it be felt that the decree
llad al outrageous ana that
should extend period of 20 days from the day upon
which the was decided and that such discussion crit
lcsm should be prohibited on the ground that
the still pending before the court It certainly
would be comfort to the condemned know that
the decision Of the court which ordered his execlon
could be criticised (maybe1 twenty days after his death
we do not pretend to that just such legal instance
could arise but we Go say that it illustrates the position
assumed by the list Of which have carried the doe
tlne of inherent right the dangerous limit that some
OF them have carried it,
One court has had before it alleged contempt case
lnVolVng series OF facts which, truth were not facts
bringing the under the real rule of inherent right
but 1t has cited the authorities upon inherent right to
justify It's decision. Another would cite this last
and little bit farther and new precedent would
be established Still other courts would 90 little farther
and so on until the real doctrine of the inherent right of
courts has been lost entirely and has been applied to that
series OF facts which individuals cai-ther RIGHT of
self-defense would inevitably lead to anarchy wherein
every man would be law unto himself The courts in
some states have dangerously near reaching that
point where they have become law unto themselves
idaho under the recent decision has oined this class Of
states =
Right here want to say that the CAPITAL News does
not peeve IN falsely maciously and watonly sanderin
and vifying any court What it does believe and what
contends for is the right any which feels
called upon to critcse condemn any court to the point
OF hbeous denunciation to submit it's cause before rv
OF us peers where it may submit the evidence upon which
based its denunciaon with the certainty that such ev
dence will be given full weight and effect and where the
publisher would feel that he had at least equal onpor
nifty with his accusers.
Equal did say? Nay, not even in lawful libel nro
ceedngs does a newspaper have equal opportunity With