The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1879-04-20
THE NEW ORLEANS DEMOCRAT, SUNDAY, APRIL 20, 1879
te I, issue vrts Of haoeas corpus for all purposes

e of i az WTs OF haoeas corpus for all purposes
Contempt Of court is a specific criminal
ofsnse," 20 Wallace. s92..
But the SIKH District Court has jurisdiction
TO punlsh fpr contempt against It's dignity
and authority. The commitment eartifles. to
the commission of such contempt. 1T is Of no
what CASE 80 An. s72 The removal Of the
case TO the jurisdiction Of tho Federal courts or
to the supreme court Of this State could not
Tor his ofrense against the sixth District Court.
committed while that court had jurisdiction OF
Satisfied that the Sixth District Court had
jurisdiction to commit the rel#tor for This con-
tempt. this court will proceed no further. Il iss
Judge Rightor In the premises be correct.
judge Yerger. In ct pdrte Adams. 25 Miss.
Rep. 1888, made use Of the following language:
In our Jurisprudence than this TO wit The
Judgment Of court OF competent jurisdiction.
acting within the Of Its +
until Its Judgment has been reversed or set
aside by itself or by some superior tribunal
appl' cation by hateas corpus to discharge
party from a commitment for contempt the
only question which, the Judge trying the writ
made the order of commitment have lurisdie-
tion over the party and over the subject mat
ter? Ii it did not. then the judgment would be
be- entitled to his discharge: But II the obJee.
ton be not that the court had no jurisdiction OF
the case. but acting In the bounds of its a y
| thority 1t made an erroneous application In It's
Judgment OF the law. them conceive. that. Sly.
ting as judge to try the writ OF habeas corpus. 1t
would not be competent Tor me to enter into
| the inquiry whether the judgment Was errone-
| GUS or not
blackstone says on this subject: Tho sole
adjudication of contempt. and the punishment
thereof. belongs exclusively and without inter
| ference to each respective court Infinite con-
fusion and disorder would follow. i COURT,
could, by wrfts of ltabeds corpus. examine and
1 dpt9rmiD9 the contempt OF Diners.
In e1 parte Kearney Wheaton. 4s. Judge
Story said that writ OF habeas corpus Is mo-
committed for contempt by court OF com,
petent jurisdiction; and, II granted. the conr
| could not inquire into the sufficiency OF tut
mand the party unless they were prepared t
abandon the whole doctrine, 90 reasonable; Jns
and which has AS hitherto
in the same way In Indiana In Kentucky. II
Georgia and In Tennessee. / Breese. 266;
Black, 16s; l j. J. Marsh. 575; Charlton. 1856;
| Yerger..
This doctrine Is laid down in the excelien
work OF Mr.: Hurd upon habeas corpus. undel
the h be- Of Tb Of for
contempt by summary conviction is inheren
in all courts Of justice. and essential to thei
| protection and exiS enoe. A commitment I'M
der such conviction is a commitment In execu
| ton, aud he Judgment OF conviction Is not sub
ject to review. IL any other court. unless espe
It cannot be attacked under the writ OF habea
corpus. except for such gross defects as rende
the proceeding void" See further en- part
LANCE. 1s Wallace, 1853.
Let the accused be remanded to the custod
OF the civil sheriff.
NOTION ovERRuLED.
Fl. Dale. alias Edward Talle-Periury-
motion for arrest Of Judgment.
| SENTENCED.
Fl, Dale, alias Edward Talle,-Perjury-fv
years hard labor In the State Penitentiary
Il Suspensiye appeal granted,