The daily dispatch. [volume] (Richmond [Va.]) 1850-1884, 1870-04-08

sHe OplutoN OF the court SnOulu uc eho'
there is no jurisdiction. in the district
Judge, could there then be contempt I
Governor Wells answered: Yes; II
judgment be entered, it is in force until re-
versed and on this we have authorities.
Chief Justice: What court was this
Wells: 1t was the Circuit Court, contin.
ucd over from November by the district
Judge sitting in Circuit Court.
Mr.. Neeson We controvert that view oil
it.
Chief Justice: You had better argue the
question whether the motion be heard
whilst the party is in contempt, and whether
there is any contempt, as the case stated
Governor Wells then proceeded to read
the afhdavits and other papers setting forth
occurrences, proceedings, trial, application
for attachment, distinct acts of alleged
contempt, etc, by Ellyson. The others
had not been guilty of overt acts of con-
tempt. He claimed that the most serious
/ act of contempt was in the second resist
ance, ejecting officers, &c.
The Chief Justice here interrupted him
to say that it was frequent custom among
! his brethren Of the bench to hear motions
out of their districts, and if objections is
made to that practice in this case, he
would like to hear argument on that point.
! Governor Wells said he desired it noted
that they did object. Judge Underwood
! advised this course, but We object.
Chief Justice: will note it, and con-
slider it.
Mr.. Wise said he did not and could not
know how the motion would be lodged be-
, fore the court. 1t comes up on an inter-
| locutory decree, and without notice. After
notice that the injunction would not be
obeycd, and after insisting upon arrest,
he was as prepared for such bold demand
that this motion be heard. 1t is, ia brief,
asking you to aid in casting contempt upon
your associate judge. My first objection is
, to giving countenance to contempt of court.
! Second. The effect is to evade the necessity
of writ of error or appeal. Third. 1t
evadcs the onus to make motion before
the judge rendering the locutory
order. Fourth. 1t proposes that a
judge, in vacation, with chambers out of
his circuit, take appellate jurisdiction,
which can only be decided by the Supreme
Court. There is no attempt to obtain a writ
! of haJeaS corpus. They have travelled
| $50 miles to ask one judge to insult On
other. Fifth. 1t is in fraud upon the ap-
pellate remedies. Sixth. The party is
under notice of contempt, and cited to ap-
pear next Saturday to answer why he shall
not be imprisoned. Will your Honor snatch
him from the penaltyi If there is to
be any relief, it is by the opinion
of the court that adjudged the in
junction. An interlocutory decree is
conclusive until reversed by competent
appellate court. Seventh. If the court
cnterta;ns this motion, it isIto interfere
with the Circuit Court in its right to pun
ish for contempt. 1t is not question
whether the judgment is correct, but
| whether an unrevoked Judgment shall be
treated with contempt. 1t belongs exclu-
sively to the court offended to judge of the
contempt against it, and what constitutes
, that contempt, and no other court can or
ought to adiudicate upon another compe-
tent jurisdiction. 4 proceeding for con-
! tempt is distinct act, and is not rcvisable
even by superior court.
Mr.. Nceson replied: He said this case
grows out of an unfortunate controversy
, Chahoon alleging that the act of the Legis-
lature is repugnant to the Constitution.
He i,npcached that action of the framers
oil the law, and prayed for an injunction
The bill was presented in vacation.
Judge Underwood endorsed itat Alexandria
and ordered a hearing in four days there
after, and that day arrived before the re-
turn day OF process. TIE case Was not ma
turcl at rules. We appeared, and it hap
pcncd that the Judge was there, but not
| holding court for our case. We set forth
that we we're in office by act of the legisla-
tive and executive appointments. We re-
iccted every possible proposition suggested
BY counsel or Judge. Nevertheless, the
Judge overruled all tho points made by us.
MIR. Nccson then recitea in detail what
followed, and argued that they had not been
contumacious, and there being no aggraya-
ton, it was purely technical contempt.
Tie Judgment was palpable oppression.
Chief Justice Chase interposed here, say
ing it was not at this time proper to argue
this branch Of the case.
The points now to be discussed are: Can
the Judge hear motion out of his district,
ana is this contemptH
Mr.. Necson said he had considered it
conceded that there was jurisdiction.
There is no statutory restricting or limit
ing on the subject. The power is inherent
in the presiding Judge to hear, wherever
he may be, and the injunction is altogether
matter of discretion with the court. a
discussion upon dissolution of injunction
is addressed TO the discretion of the judge.
\ party may be denied this dissolution be-
cause he is in contempt III this case. The
contempt was purely technical. An at
tempt was made in some mode to get the
case appealed and removed to an appellate
court, and, finally, the present course
was adopted, which worked no injury to
the other party. Is this not cabe for
al order Of dissolution Had the court
! jurisdiction and if not, how can
| this be even mere technical con-
tempt? lie replied as to the charge that
they had come hundred and fifty miles to
Lave this motion heard that the CHIEF
Just ce was here, engaged laborlCusly, and
his presence in Richmond uncertain. On
the 9Th instant notice was given that this
motion would be heard. Ellyson was not
then in contempt, and there was no process
issued to put him in contempt. After this
motion has been made, Chahoon's counsel
p.ocur atfidavits and give notice that an
attachment writ will be asked for next Sat-
urday, SO that the motion to dissolve was
brought before any notice was given OF pro-
ceedlngs for contempt.
Judge Meredith argued that the Chief
Justice is at chambers, and it was merely
a matter of personal convenience the order
that is to be made is sent down to the clerk
at Richmond. If the Judge were in New
York it would be the same. He could hear
the arguments, consult his books, send his
order down to his clerk. and until the order