The daily Gate City. [volume] (Keokuk, Iowa) 1855-1916, 1857-10-24

every Wednesday at this oice is one Of the oldest
pspsrsin IowA, and has = very large and increas-
Ing strcalation throug hout the Der Neines Valley
Northern Missouri, and Western Illinois
Judge Clasest Overhanled.
From the representations which have been
made 70 US from time to time, We had formed
the opinion that Judge Clagest was conduct
ing himself towards the members Of the bar
and others in attendance on the Court, very
much In the manner Of an evcrseer on IN Ar.
kansas plantation towards the human cattle
submitted to his tyrannical caprice. We
have thought it strange, as instances Of fines
and imprisonments, and scenes Of abuse and
browbsating have been detailed to Us time
and again, that no means were found TO curb
the'vicious discretion" Of this judicial Hot
spur.
1t seems, however, that he hns finally been
checked in his t'mad career" and brought
up standing by Judge Stockton Of the Su-
prems Court.
On Saturday last, while the Court was in
session at Fl. Madison, Judge Clagett fined
Charles &. Moss, member Of the bar Of our
city, twenty-five dollars, and committed him
to Jail till he should pay the hne, for neg
lecting to sign plea which he filed in
criminal case. Thereupon Mr., Moss applied
BY petition TO Judge Stockton of the Su-
preme Court, who issued writ Of habeas
corpus in the case, and on hearing facts and
arguments released Moss from CUSTODY.
We make the following extracts from the
opinion, which VIC find published at length
in the Hdukeye:
BY reference TO the Statute it will be seen
that the District Court has no power to ad-
Judge any act, or the omission Of any act, to
De = contempt, and to punish the offender
Tor the same, unless such act or omission Is
specially declared BY Law TO be contempt.
10 looking into the cause Of detention Of
the petitioner, as the same is certified to me
oy the Jailor, dnd that the proceedings Of
the district Court OF Lee county, ~ shown
BY the entry of record, were without author
ny OF law. and fail, b,th in substance and
form, to furnish any sufficient legal cause
Tor OBTAINING the relator in CUSTODY.
In the absence OF our Statute, it would
have been sufficient for the Court 70 have
adjudged that the relator was guilty of a
contempt, and to have imposed a punish
ment for the offence. Such adiudc.tion
would have been deemed 6nal. and no other
authority would have had the right TO oues-
ton the legality or regularity Of the pro-
eesding.
Our Statute, however, particularly defines
what shall be deemed . contempt and be-
s'des limiting the power Of the UouYs TO pun
ISM, 70 such an act or omission as is sneci-
s.iy declared to be contempt by Law, pro.
WOES that the Court, before proceeding 70
punish Tor . contempt, shall allow the
] onenoer 70 show cause against the punish
ment, and purge himself Of the cnntemrt by
masine written explanation Of his conduct
unoer oath As further safe guard Of the
Hshs OF the citizen, it requires that the fscts
upon which the order Of the Court il found.
60 shall be entered on the record. Of the
Court, and that the warrant or commitment
where one 10 issued, shall state those facts
anu circumstances, and whether the same
were within the knowledge OF the Court. Or
We're proved by witnesses.
turning now v the record Of the nroceed
ings against the relator, it will at onoe be
perceived that it is fatally defective IN not
coming up TO the requisites of the Stan,r
ana that IT fails to show any sufficient legal
excuse for the restraint Of the relator.
~ was not indispensable that the nlea Of
not guilty should have been signed bv TIE
reiator NJ attorney, in the case Of fhe STATE
rs beneka Roos II the defendant re-
fuses 70 plead. the plea of NOT guilty mus,
DC entered Tor him By the Court.
Inc District Court adjudged the relator to
De guilty OF contempt, for emitting 10 do
ah "es, the performances Of which was not
required OF hlm--was not indispensable and
the omission to do which had no, been made
statute. - ne
y Is not Sufficient for o court to declare.
Judgment, That an act, in itself, inno-
. .sn', = contempt OF its authority. Some.
anns more was necessary to make out the
Sap' .nan Inc mere omission of the re,
~lator 10 sign his name to the nles AZ .snot
guilty. or judgment Of the Court TINT suoh
omission was contempt Even the iudpmeu,
OF the Court does not change tha inheren,
nature OF things. We NAV still look ID ,he
essential qualities Of mans act. Whit. !.
SIN white, and black is still black. however
sne conrt may declare it. The dsiny nv
OMISSION TO do an act, that u party is no,
required ~ law to do or to omit, does no,
naolec' MIN TO proceeding for contempt,
lag rights OF the citizen--his property and
his Huefty, are not 80 left exposed 10 the
'ni'a' OF caprice, or passion OF any tribunal.
luu,cial or otherwise. They would be yery
A'''e worth u they we're Code, Sac. 1905.
As the only warrant shown for the i'm
pfisonment OF the relator is the exemplised
copy OF tho order Of the Distric, Cour,. -,
Iofth Ia the answer of the tailor. and az
these proceedings OF the Court. as certi6ed
70 me, do not show that the restor has beer
auludged guilty of contempt in manue,
contemplated BY Law TO be OF the nature pf ,
contempt, or in legal manner, ,ny opinior
IS that there is no sufficient legal cause 70,
as'alnine MIN in custody, and shall max.
an order for his discharge.
L. D. STOCKTON,
Judge Supreme Court of Iowa.
The scene was rich when Moss made hi,
appearance in Court after his release. The
Judge, We are told, ordered the sheriff "a
take him into custody, and made some
threats Of committing the "Aboli,iou ,,
Judge OF the Supreme Court 10 Jail for con.
tempt II be interfered with bis proceeding,
second time. j. c. Hail, friend Of the
Court, gave the Judge little calm advice.
which soon cooled him down, and Moss us .
not moested.
currency Banknhle IN 81. i.oui..
currency has again become current l., e.