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To the People oi the State of Idaho
Do You Believe in a Free Press? Because of the publication of Roosevelt's message to the people of Idaho during the last campaign, and because this paper saw fit to criticize a decision of the Supreme Court of this state, the manager and editor of this paper were each sentenced to pay a fine of five hundred dollars, and each to serve a sentence of ten days in the Ada County jail, by order of the Supreme Court. DO YOU WANT A PAPER THAT FEARS NO MAN? One that is not controlled by any clique or ring? A paper that is published in the interest of the people? Do you want the news of the nation, state, county and city while it is news, published without fear or favor? The Evening Capital News Is the Paper for You Daily and Sunday, Fifty Cents Per Month—Six Dollars the Year THE EVENING CAPITAL BOISE IDAHO NEWS If you desire to assist in building up Idaho and this paper patronize the merchants who advertise in this paper The Abuse of Judicial Power BY A BOISE LAWYER constitutional have-* had no ^ Looking at the action of the courts, j in imprisoning: and finding for con rructivc contempt of the court, from a '•gal standpoint, we have this re markable situation : In the first instance, the courts I h"V" Oil»»«! pivnlprits as litid down by other courts of like jurisdiction, in ther words, all the law of construe-f live contempt has been court-made • 'aw, that is. the people, through their J legislative lx dies, . in defining or reg • dating the courts in the matter of j contempts, in thes*- court-made laws t Gin courts have almost universally m i l and declared, in no uncertain ; erms, that neither constitutional pro visions nor legislative acts « an con- ( * ml or abridge the pow er of the court * • punish f"i contempt or the manner J 11 " hi 0 * 1 slJL 'h proceedings shall be ( conducted, and that the right is inlier • nt An authority possessed without! as being derived from another; a right, ability, or faculty of doing a thing, j without receiving that right, ability or| 1 acuity from another.'* Thin definition ; does not even exclude the Almighty, so jt can not be a divine right. That any man, or body of men shouM have simh a right, a phantom right, plucked from nowhere, under a Republican form of government, amC that the people have no control over: U ;tn<1 C>wer to abridge it. seems " startling Htatement, yet that it ox .sts is an incontrovertible fact as j ilmsc who have felt Its weight can tes- j j tify. Det us see what the courts do when they punish f«>r constructive contempt, taking the constitution and laws of Idaho as a basis together with the decision <»f the Idaho supreme court in the case of Sheridan, Broxon and < Tuzen. On Aug. 8, 1889. at Boise City, Jdaho, fl constitutional convention was held in which it was said: ' We, the people of the state of Idaho, grateful to the Almighty God for our freedom, to se cure its blessings and promote our common welfare, d establish this constitution." Article 1. DECLARATION OF RIGHTS. Inalienable Rights of Man.—Sec. 1. "All men are by nature free and Dr. C.D. Pons The Eye and Nerve Specialist of Salt Laka City will be at the Vernon Hotel at 1011 Main street, from Jan. 12. ALL EYE EXAMINATIONS FREE I j equal and have certain inalienable rights, among which are enjoying and defending life and liberty, acquiring, possessing and protecting property, : pursuing happiness, and securing I safety " Political Power Inherent in the People. _Sec. 2. **A11 political power is inherent in • the people. Government is instituted J f ur their equal protection and benefit, . JLru j they have the right to alter, r form or abolish the same whenever j they may deem it necessary, and t special privileges or Immunities shall €(Ver b o, granted that may not be ; tered, revoked, or repealed by the leg jsiature.'' ( Yet the courts say, the people have no power to alter, reform or abolish J the power the courts have exercised to ( punish for contempt, or the manner conducting such proceedings. The courts are creatures of the constitu tion, yet the courts say that they are j not controlled by its provisions. Their right is "inherent," they receive "that ; right, ability, or faculty, from"—No nM ,. Witness■ Article L section 7. constitution of idali»' -The rtK ht of trial by , ur Bhall re _ main inviolate •••*•** Article I.' section 8, constitution of Idaho :. No pprs „ n sha „ bP hp)(1 to anslwPr ,„ r any fplonv or criminal offense of j ally grad( . , lnless on presentment or j indictment of a grand Jury or on in j formation of the public prosecutor, after a commitment by a magistrate, except in cases of impeachment cases cognizable by probate courts or by justices of the peace, and in cases arising in the militia when in actual service in time of war or public dan ger. * • •" The great weight of the authority, of the court-made law, Is to the effect that a prosecution for constructive contempt of the court is a criminal prosecution, the same authority holds that the court can not be restricted by legislative act as to the punishment it may impose, other than as restricted by the provisions contained in all state constitutions, that "excessive fines shall not be imposed nor cruel and un usual punishments inflicted." But, if the courts are not bound by the pro visions of the constitution prohibiting a defendant to l»e held to answer a criminal offense of any grade, not within the exceptions, except after a commitment by a magistrate, if they are not bound by those provisions of the constitution "The right of trial by jury shall remain inviolate" and the guaranties in criminal actions of due process of law, why should these I courts consider themselves restricted in any manner by that provision of the constitutions which prohibits ex cessive fines nor cruel and unusual punishments? The position is highly inconsistent. The legislature of the state of Ida j j _ I ho, w hen Idaho was a territory, passed ; the following law', and such law Is still I upon the statute books under the pro i vision of section 2, article 21 of the j constitution, as follows; "All laws now j in force in the territory of Idaho which jure not repugnant to this constitution shall remain in force until they ex pire by their own limitation or be al tered or repealed by the legislature." Criminal Contempts. "Sec. fix29. Every person guilty of any contempt of court, of either of the following kinds, is guilty of a tnisde Imeanor; < 1 » Disorderly, contemptuous, i j or insolent behavior committed during j the sitting of any court of justice, in immediate view and presence of the I court, and directly tending to inter-' rupt its proceedings <*r to impair the; respect due to its authority ; (2) Be-j lmvior of the like character committed in the presence of any referee, while, actually engaged in any trial or hear-! lug. pursuant to the order of any court, j or in the presence of any jury, while j actually sitting for the trial of a case.' or upon any inquest or other proceed-1 ins authorized by law ; (31 Any breach : of the peace, noise, or other disturb-! ance directly tending to interrupt the I proceedings of any court; (4) Wilful! disobedience of any process or order lawfully issued by any court; (5) re sistence wilfully offered by any person to the lawful order or process of any court; (8) The contumacious ami un-, lawful refusal of any person to be! sworn as a witness; or, when so sworn, I the like refusal to answer any nia-| terlal question; (7) 'Pho publication of: a false or grossly inaccurate report of I the proceedings of any court." It will thus be seen that the legisla ture has clearly defined contempt to be a crime, has- defined what shall constitute contempt, and provided for its punishment The court has spe cifically held that it is not governed by this statute and that in effect it is nuil| and void and of no effect, regardless! of the fad that the constitution! adopted this as a law of the state when j Idaho passed from a territorial govern-; ment to that of a state. The law has; not been repealed and has not been de- j «dared to be repugnant t«» any provis- j ions of the state constitution. It is worthy of note that the only provision f«»r constructive contempt, that is contempt not committed in tin immediate view and presence of the court and which tends to obstruct its proceedings, is the publication of a false or grossly inaccurate report of the proceedings of any court The legislature has provided that the contempt shall be punished as u| misdemeanor. Section 6312 of the revised codes of Idaho provides: "Except in cases where a different) punishment is prescribed by this code, every offense declared to be a inisde- | ineanor. Is punishable * * * by a fine not exceeding three hundred dollars. This law is also an inheritance from the territorial laws, and bus not been repealed or declared repugnant to the state constitution. Article 1, section 18, of the consti tution of Idaho provides: "Courts of justice shall be open to every person, and a speedy remedy i I j j : I I I j j j | afforded for every injury of person, property or character, and right and justice shall be administered without sale, denial, delay or prejudice." Article 1, section 9, of the Idaho constitution provides: "Kvery person may freely speak, write and publish on all subjects, be ing responsible for the abuse of that liberty." It is quite evident that the framers of this provision of Hie constitution intended to leave to the legislature the' power to regulate and punish, and that it could be lawfully left to no other power, and especially not to that power which is derived from no one and from no where, (See definition of: inherent power) the abuse of that lib- ! erty. And the legislature has so pro vided for the abuse of that liberty both in civil action for libel and slan der and for both civil and criminal contempts *>f the courts of justice. There has been a hue and cry for recall of judges, recall of decisions, etc., but if the courts are not bound by state constitutions or legislative acts, why this chasing **f the rain bow ? GOLDEN RULE EMPLOYES JOIN THE PENNY BRIGADE The undersigned employes of the Golden Rule store each contribute a penny towards paying the fine «»f Messrs. Sheridan and Broxon; L. R. Walter. H. H. Mathews, Mef ford, Kd. Konrad, P. N. Quast, Robert Heinrich, Kthel Hale, Lillian Kendall, J. ('. Nordby. Ella Flynn, Pet <\ Lil ian!, Nell Taylor, Carrie Owens, j. F. Fisher, Marion Keb-hen, Marie Ricker, Edith Carr. Frank Miodek, Lillian Baugh, \V. K. Graham, O. H. Graham, Henry Nelson, J. C. Wengort, Mable O'Connor, W. Kerbach, John Anacabe, John Kt tchen, k. < ». Sorben, Viola Den ton, Alii** Fleming. Elizabeth Fergus* m, Gertrud'* Rh«*d< nbaugh, Guy Dougla-, Louis Walker, Georg** Hesscr, Mary Hatfield. Pauline Taylor, J. H. Wal lace, Ida Wade, Stanley Briggs, S. A. Lilley. Km r i Dixon. William M. Mor ris, William Hart. Helen Mathews, May Mathews, Kathleen Lundy, J. O. Ball, Pearl McFarland, Walter C«»x, William Filter, Scott Doig, Anna Steinhausen. NEW COMPANY TAKES OVER CREAMERY PLANT The Purity creamery on Bannock street has passed into the hands of the Buis«* Valley Co-operative Creamery company, composed of nearly ion farm ers, and on Monday the business will be turned over to the new management, with J S. Boom* in charge. H. A. SheL lenberger of, Buhl, who was formerly butter inspector In the Michigan state pure food department, has been en gaged as buttermuker, ami will also be here the first of the week to begin op erations. The creamery taken over by the Co operative company is modern in every respect, but will be somewhat remod eled. and some additional machinery will be udded. ! TOKEN Of ESTEEM IS SENT THE PRISONERS FROM "MEN BEHIND" Accompanying a box of flowers sent the contempt prisoners in the county jail by the employes of the composing room of the Capital News, was the fol lowing note; "To R S. Sheridan and C. O. Brox- j on; The employes of the Capital News; composing room beg you accept this j token of regard and esteem from the! 'men behind*. 'Some of us have been on the job • luring the entire life of the paper have witnessed, and, in a measure, shared all its ups and downs. Most of us have been in close daily associa tion with each of you since our con nection with the paper. Therefore, it is with a sense of personal injury that we contemplate your present difficulty. "However, we believe this affair will prove to bo an 'up* rather than a 'down* in the course of events, and that, notwithstanding the odium, sought by unjust and unmerited treat ment, to be placed upon it through the imprisonment of its owner and editor, the Capital News will continue to flourish and t « » press forward with ever-increasing strides. "We join numerous other friends in wishing you a Happy New Year after the 11th. "It may not be amiss to mention that we have joined the 'Penny Brigade.' "Boise. Jan. 7, 1913. "STEPHEN CADY. "LUTHER STRAIGHT. "ABRAM Ft »RSTKR, "HERBERT TIB >MS< »N. GEORGE K BREWSTER, "FRANK c ANNKTT, "ED PRICE, J. H WHITE, H L WHITEHEAD, "J. H WKSTCOTT." NEW PARDON BOARD HOLDS FIRST MEETING The first meeting of any of the state boards under the new administration to be presided over by Governor Haine;: was held in the state capitol this aft ernoon when the state b«»urd «»f par dons, consisting of Governor Haines Secretary of State Gifford and Attor ney General Peterson convened to consider the application for a pardon of Lee Garrett, a convict at the state penitentiary. Garrett was a barber at Coeur d'Alene. On Nov. 20. 1906. he killed M. Combs, following a discussion in a sa loon. Garrett claimed that the killing was done in self-defense hut he was committed to the state prison to serve Date....................... Capital News Pub. Co., Boise, Idaho. Enclosed find $......for .... months subscription to tlie Evening and »Sunday Capital News. Signed Address m j ,i 30-year sentence. He asks for an | absolute pardon by tbe board or what- ! ever relief is possible. Recommend« - ; Hons for a pardon in Garrett's ease j from prominent citizens in Coeur: d'Alene accompany the rcuuest fori freedom. The Garrett matter was to have been i heard this morning, hut. tlie session! was necessarily postponed until this! afternoon at 3 o'clock. _ i PENINSULAR FURNACES A CARLOAD JUST IN The best place to go iu Boise when you want a fur nace installed is DOWNEY & WILDER, Sheet Metal Workers. Phone 307. 109 n. 9 th St. The Home of the Peninsular Furnace. Strong, Serviceable, Safe. T HE most reliable lantern for farm use is the RAYO. It is made of the best ma terials, so that it is strong and durable without being heavy and awkward. It gives a clear, strong light. Is easy to light and rewick. It won't blow out, won't leak, and won't smoke. It is an expert-made lantern. Made in various styles and sizes. There is a RAYO for every requirement. Dealen Everywhere CONTINENTAL OIL COMPANY Farrou» Stage Beauties. look with horror on Skin Eruption Hlotehes, Sores or Pimples. They don have them. Kor all such troubles u Hucklen's Arnica Salve. it slortfb tlie face. Excellent for Eczema or Sa't Hheum, it cures sore Ill's, cliapp. hands, chilblains: heals burns, cut and bruises. Unsurpassed for pile 25c at all druggists. Adv. 2 Subscribe *or the Capital News.