New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1853-03-02
The Case OF Contemrt-0pinion of the Court
Argument IA Ia Punishnsent.


Argument IA Ia Punishmsnt.
la the Superior Court, yesterday, the case
Of the Aldermen and Assistants charged with contempt
of Court came up and Judge DUSa delivered the fol
lowing opinion in which all the Judges ccucide
The People as Oscar ~ StauecaRt-Bos-
worth furnished 10 Judge Ducr the looS i1y advisory
opinion, which was adopted by BIN As the o. inon OF the
Court.
The specific cue ton under consideration IT, shall tae
defendant be required 10 answer the hth ntcrrogato
~ This proceeding is hascd allegation that the
defendant has dsohoyUd IN JUNCTION order made by
Judge Of the Court, IN an action pendng th'ren Inc
papers which the attachment was issued Hlege that
The defendant in addition to dsobeyiug the order. IN
trodo Ell and voted for certain preamble and reSom-
tons relating to the issuing OF the nuncnon the acts
prohibited by Il, and protesting 10 state ho grounds on
which the defendant assumed to oisobey H. thc tnn
interrOgHory calls upon the Defendant 20 answer
whether he did vote for such preamble anu rsoa'
tons and whether by his vote aud Oihei ihoy were
NOT n5opted bv the Board of which he H. aud WIS then,
a member To determine whether the defendant
should be required answer H. IL Is necessary to look
the nature OF the present proeeeunss the ends mat
may properly be accomplished ny u, ana Wheher me
fi Of having voted having omitted To vote for then
is one that can egmGtey be taken into confederation
in the husldsposon OF this maor and which can Just
ly affect the ultimate decision. The Code provides that
the order which has been disboyed may be enforced
the order OF "ihe Court" Code 2tS Sac al 1e-
caTos that until the Legislature otherwise provides the
code shall not affect any proceedings provided Tor by
chen of the third part 0t the Revised Satutes oxcud
inc the second and twelfth titles thereof unless some
provision thereof plainly inconsistent with the code
and that any such provision shall be deemed repealed
These proceeding are instituted under the thirteenth
title of that chapter OF the Revised Statutes The pro-
visions OF the Revised Statutes must therefore, furnish
a solution OF the question under confederation lhey
provide that every Court OF Record shall have power
10 punish as for a criminal contempt persons guhI
OF certain acts and among others willtu disobeens9
Of any process order lawfully Issued made by n
= X. :, 27s, sec 10 cub. 4. This ciass OF eontmps
may be punished by fine not exceeding two hundr III
and hity dollars, and by imprisonment not exceeding
thirty days. ThA punishment may be inhicted IRE
spt otive OF the liberation OF any injury done 10
party the action In which the process was issued,
or the order made and Is 10 be fixed irrespective OF any
such consideration For all contenpts OF this character
the offending party may be iDdcted2 K g. 692 va or
mlsdemesnOr II subsequently indicted the Csurt 30
fore which "a conviction 10 had ON such indictment
required, IN forming it, sentence 10 take into consider
alton the punishment before inflicted IN the proceed
ings, for criminal contempt CIR 5. 273 Sli) Th&
reysers, in their notes upon this TITLE Tit OF chap
Of part 81 remark that solid and obvious Distinctions
exists between contempts, strictly such, and hoss1
Offences which go by thai name, bat which punish
ed cOntcmpts only for the purpose OF lnprcng some
civil remedy. Ths distinction has been observed aud
the former are Intended 20 be included In the preceding
sections. The latter class are treated oil subsequently
among miscellaneous proceedings IN civil cases. q r.
s. 695 foot Of the pege The statute in relation 70 Tho
latter cass q X. y 5Ji, S provides that every Court
OF Record shall ssye power TO punish by hne AMI IN
pIsonment, or either any neglect VI violation on
duty, or any mscODduct, by when no rights OF
remedies o. party ia cause or mater depending
in such court may DO defeated, impaired iDpehsa'
prjudced. In the following cases. and am ing Others
"for disObedience OF any process OF SUCH court or Oh
any lawful order thereof or Of any Lawful order oil
judge Of such court" twill be noted that the ss
pre- rson here used Is, "tor dsobedlence OF la"si
order omittiDg the word "wlllu" To punish NJ Tor
criminal contempt there must have been wiliu d
Obedience" e X. :. u.s. So lib - Athonsh the ds-
obedience was not wIiu party offending nAy % pun
ished in the prescribed Ia X. 3. 5Si 81 II ms
neglect Of duty was such that by IL the rghs of rems
dice Ot pety 10 cause might be defeated, nnpafed
impedeo, or pr,judiced. But although in such case
the disobedence might have resulted from misappfs
heBsion 81 duty, from the advice vi counsel honesty
given, and implicitly believed; that the which tas
law aoJudges 10 be- dlsCbedence, was not prohibited
yet the disobedence may have been will, and have
bsen accompanied with such ac1 aud circumstances -
would show purpusc 10 make the asooedleice stud
Ousy offensive TO the Court and ~ publicly msnest b.
cOnteDptu0us disregard Of IT, order and authority.
Il the later ehould be the true nature and chsrac1si
tn act OF dsobecsence, 10 II 10 be overlooked. sn1
are Ell nterogstDries calling for answers mat night
estsi lsh II, 10 be suppressed, The ooh section DE-
cisres, that n TIE Court sdjudges the darndant "
have been guilty Of the misconduct alleged ana ust
1T was calculated to, or actually did produce GER
tam results shAl proceed 10 Impose Inc, or tosn
prison him. b0th the nature Of the ssl rsiurs
IL actual Los bcsn Produced ue shall be imposed a.
val Ldsn niy tne party and satisfy hs costs ard shpee
lsee I'D The statafo 70 imperative that IA eas OF 1s1
ios tine sufficient 10 iBcennfy and 10 sstsy eoss ~
e1peGsss, b In posed La ali other csss that -
tOse which no actual oss shown, but n when sn
aGsd that tie act si dscoeaienoe was sacn ted 20 des
impede prejudice the nights or .euedes OF W
parry the nne shan not exceed t<O and asoysns
eoss and eAIsDsrs Of tho proceedinss W FOR WIZ
may be asked this fnc 70 be imposed IN case ~ whs
actual los haa been sustained ana BY woat eondtoa
tcDlt 70 b. governed in properly setsIn mig "sth1
shall be 81 or szs THIS question can be more .iyseay
answered a refer nee % other pfovsos % ms scAas.
IL vail DO noted sections q and on o. mo =
% b. imposed, ard nothing 10 ressoon 20 -.
Section - gives the power tine and IN ri"h osctoS
AID = relate to the matter Ct @ NC ~ -
Ia proptsnt where ie nnisoorduc. soupl.hed Of ssr
ss in the perform soue oct % duty, WHICH
, vs ~ s s ig 81 ease. he BE- only us
lie sLs have percfned such act or duty ard pad 81
the a, shaD be aposed asd the eosts and eGpeIss q a.
Uro,e.dDsa Ia such the order AID pfocss ofeos
,,tt M specify the sct 70 be done and tie sooah,
Inc and expenses Be pad II able 70 psy the lsisf ts
tsrr1 Of hn imprisonment will depend eXc.JSseiJ 90 M
own yo.usB; TOT Wien he has paid tie tine ssd sdpe
sDd dous the per.omed the dzty, Il .H terminus
AID gll b. entitled % dischAIse. Ia al IasI
d., IA In ali cs.s sxcspt hOse N which nD,condst
ALL sed coLxSs ia tie oG.ssion TO periorm .one sIto
uLlct u IA yet n tie power Of the delssa.nL v PsfiD
be may b punished by imprisonment for some ,e1s.
pen-es Of DE proceeds ys paid and sso tne y
rossd, Until such me be paid led. SLo lgS PoIE..
pun..L By IN prlsouneuf. confined BY sectpr - 20
the InipElsCnn~nt oIderrd. BY vey Of pur1r.--
is limited By sec Is to az months. bu. II the hns ana a.
psLses cot paid Il ~Oad las ihrousn ne %. ~
o. IA, chap. .. 1hishntstlon OF tee pose' "
Ter PERIOD not eycseding SIX months, as ~ S'f
with the iEaprssnment ordered 20 compei tbe piTes
Of tie fne imposed, and Of the cost and e.
proceedings tof # Inc power 20 pensn ~ g n ,os
ptIP0@e Of compelling payment Of the nnes ga -
then would follow GrI' Is set % nc % yer
yrson AID the rnyFisoEneDt cannot exceed 81 - "a
tbz, tie end Of that period, the otendrg fa-y
6schsrgee from .mIrscnr0enty rhstbef w E -
lersss paid or rot Tex lnaepsnaen. u h.s -
ndstd ia merely and payment Of tho ~ =
int ri,ot rse1t rsus, eoutiaue unri they arc pad
,.ns,s ~ .bo.t a Tia. pgod and heoe tie sc ~ -
fciap % .s passed authorizing tscure on foo'