New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-05-05

contsrnts which amount 10 an actual interruption OF
business or IN open and'drect contempt OF his author
ty person, in the same manner ana W tne e"0 "a
tent as Courts Of Record. .,,,
Its oue apparent that the Surrogate might be sit
ting and holding Court without any judicial proceed
inc, transpiring before him, but before be can
punish as for contempt IL must be (irsO for con-
tempt which amounts 10 an actual interruption OF DUST
ness (second) an open and direct contempt OF MS
authority person. In eit er Of these cases ne may
punish for contempt in the same manner and extent
Courts Of Record not for he same causes OF reasons
Courts Of Record punish conemps but 10 tse same
manner and TO the same extent which Is ny hne ana
imprisonment or both at his discretion.
Neither of these causes ii recited ID the commitment
in question: -,.,
ment for contempt it amount to an actual inter-
ruption OF business, or al open anu direct contempt
his authority or person. think il very clear that no
such contempt Is charged in this warrant Of commit
ment; certainly dsOrderly and cOntemptnons behavior
tending 10 interrupt its proceedings Is avery diieren,
thing from an actual interrnftion OF business, nnu
conduct tending TO impair the respect due to It's a
hoTity" Is very unlike an opea and direct conteP'o VI
his authority and person."
The contempt described in the commitment Is copied
from the first subdivision Of section 10 page 2S o =.
X. s.. which defines and prescribes the powers OF co
Of Record punish Tor criminal contempt, PeIs.o,,S
guilty Of the acts therein described Inc ouirosstv
Court although it is authorized by statute 10 peroI
many of the same duties Courts OF fecoru - 49,
theless cassed in the statute among the court
cular and special jurisdiction - nov statnte and
general Jurisdiction but is created by the STATUTE
can MCGUIRE such powers only which aiiocl pcisona
erty as the statute gives it. 90 Barbour 525 oanu
ford PAT; IL WeudeD.) cor-,
1.-THE Surroyates Court had been regarded as aCourt
Of Record for the pun poses and vested with the powers
OF Court of general jurisdiction 10 PUNISH lyl - i,
tie specia power given il TO punish for spe
cited acts or contempts would have been %o1S S Ui
eupererogatiOn sm'hereforo brought 10 inc coneu
sidn thai the warrant Of commitment appearing IN tne
return was issued without jurisdiction or authority IN
| the Surrogate 10 commit for the contempt teieIn
charged, and not having jurisdiction of the subject
matter or the person. Of the opinion that no esa
cause is shown for the arrest or detention OF Wial
uerton and therefore discharge him from the CUSTODY
or restraint under which he is held rs appears by ths
return to the habeas corpus.
The decision was greeted with applause by the very
large number Of the profession in attendance, wblch
war promptly suppressed by the Court
Mr. VAN LooN-May it please the Court II l hal been
aware that the argument Of this question was gong 10
be made the occasion Of a carnival by the collateral
relatives Of MIR. Laurence. would have brought Ills
lneal relstves here.
The CoUET-A Court Of Justice is no place for ap
plnuse appreciation or disapprobation presume 'nat
II is thing which is not agreeable to either oil lhe
counsel