Idaho semi-weekly world. [volume] (Idaho City, Idaho Territory) 1875-1908, 1882-02-28

the Judgment is that the petitioner was
guilty Of contempt, but the whole pro-
ceedings show that it WITS contempt OF
what for brevity sake may be called the
Probate side of the Court.
The case of Exparte, Cohn, 5, Cal. 494,
is invoked as an authority to the effect
that it should be found and adjudged by
the Court that it was still within the pow
er of the party to do the act required. In
that case the act required was to deliver
books and papers belonging to the Express
company of Adams g. Co In this case
the act required is to answer certain
question. The cases are entirely dissimi-
lar. Whether it was still within the power
Of Cohn to comply with the order of the
Court was question of fact, which should
have been determined by the Court upon
evidence. Whether the petitioner in this
case is still able to answer the question
propounded to him is a question of law,
for the law presumes that a person is pos
sessed of his physical as well as his men,
tai faculties until the contrary is shown
To presume that the petitioner was not, at
the time of the judgment of the Court for
contempt in this case, able to comply with
the order and requirement of the Court,
would amount to presumption that, be-
the rendition Of the judgment for contempt,
by some dispensation of Providence, he
had been deprived of the power of speech.
A very violent presumption indeed.
| Lastly: Is the warrant of commitment
defective and void for not containing the
concluding words, cor until he be dis
charged according to law" Defective it
may be, and no doubt is but l am of the
opinion that it is not void The petitioner
can lose no rights by reason of the omis-
sion. This tribunal has not hesitated to
issue its writ to Inquire into the legality
of the imprisonment, and would not feel
bound by the warrant of commitment.
| We apprehend that the Supreme Court
will not if the case is brought there. The
| petitioner loses no rights in consequence
of the omission.
! 1t is said that the petitioner is, by the
warrant of commitment, imprisoned for
| life. The answer to that assertion is that
he has it in his power at any moment to
terminate his Imprisonment by answering
legitimate and proper question He has
neither the legal nor the moral right 10
withhold the information sought, and
which he has admitted he is able to give
The law has very properly invested the
Probate Court with power to discover and
marshal the assets of deceased persons in
the interest not of executor or administra-
tors, but of widows orphans and heirs
fpersons upon hair-splitting technical
ties may be permitted to annul and set at
defiance the lawful orders and judgments
of Courts, 1.-The stroug arm of the law is
weak indeed. 1t is necessary to the adj
ministration of the laws and OF Justice that
the Courts to which that important and
responsible trust has been contided should
be invested with power to enforce its law
ful mandates, They have been invested
with such authority, and, however painful
it may be to me personally, l should be
recreant to my trust if should upon false
or insufficient grounds fail to vindicate
the supremacy of the law and of the Courts
over any captious actions of individuals
for selfish and unworthy ends. Better
that the petitioner should remain in Gus
tody during his natural life, if he chooses
contumaciously to do so, than that the law
should be overridden or the Courts de
clared unable to protect themselves.
Let the petitioner be remanded.