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
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
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
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
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
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
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.
**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
( 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
-The rtK ht of trial by , ur Bhall re _
main inviolate •••*•**
Article I.' section 8, constitution of
:. 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
The legislature of the state of Ida
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."
"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|
Section 6312 of the revised codes of
"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
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
"Kvery person may freely speak,
write and publish on all subjects, be
ing responsible for the abuse of that
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
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
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
"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!
'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
"We join numerous other friends in
wishing you a Happy New Year after
"It may not be amiss to mention that
we have joined the 'Penny Brigade.'
"Boise. Jan. 7, 1913.
"ABRAM Ft »RSTKR,
"HERBERT TIB >MS< »N.
GEORGE K BREWSTER,
"FRANK c ANNKTT,
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
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
Capital News Pub. Co.,
Enclosed find $......for .... months subscription
to tlie Evening and »Sunday Capital News.
,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
The Garrett matter was to have been i
heard this morning, hut. tlie session!
was necessarily postponed until this!
afternoon at 3 o'clock.
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.
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.
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.
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