Ex parte Smith

*246OPINION OP THE COURT BY

PREAR, C.J.

The facts and much of the law are set forth in Mr. Justice Perry’s dissenting opinion. The case is one of great difficulty.

There is no doubt that the publication in question would be held a contempt at common law, — whether it should be regarded as relating to a pending case or to a terminated case, or to the judge generally without reference to any particular case, or whether it was in the presence of the court or not. There is also no doubt that it should be held a contempt under our statutes, if the decision in the Bush case, 8 Haw. 221, should be…