The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1888-11-13
JUDGE TERRY'S CASE.
Decision of the U. S, Supreme Court.
His Application for a Writ of
Habeas Corpus Stoutly Denied.
The Turbulent Offender Has No
Claim for New Trial.
His OFonse Was Committed In tho
Face of the Court
The Dignity of the Body Was Insulted
and Its Usefulness, Il It Wore to
Allow the Writ, Would
Be Impaired.

WASHINGTON, Now l2.-The Supreme
Court today rendered an adverse decision
in the somewhat celebrated case of ex.
Judge Terry, OF California, upon his APP
plication for writ Of habcas corpus, in
which he alleges that he is unlawiully im.
prisoned under an order Of the United
States Circuit Court for the Northern
District Of California, In the jail Of Ale
media County. After presenting the case
made by the applicant, the decision says.
What, then, are the grounds upon which
the petitioner claims the Circuit Court was
without jurisdiction TO make the order
committing him to Jail? They are:
!. That the order was made In his ab.
| scnce.
2. That il was made without his having
any previous notice OF the intention of the
court TO take any steps whatever in rela.
| ton 10 the matters referred TO in the order.
8. That II was made without giving him
any opportunity OF being first heard in
defense OF the charges therein made
against him.
The second and third Of these grounds
may be dismissed ~ immaterial in any in
quiry which this Court is at liberty upon
this original application TO make. For
upon the facts recited In the order OF com
mitmcnt, showing case OF contempt
committed in the Ease OF the Court, which
tended 10 destroy its authority and 10 elm.
barrass and obstruct its business by violent
methods, the petitioner was not entitled
Of absolute rights OF either TO demand "A
trial or notice by rule OF the Courts inten-
ton TO proceed against him, or TO any Oh.
portunity TO make formal answer TO the
charge contained in the order Of commit.
ment.
The decision says II is undoubtedly n
general rule that scp1cnco pronounced
against a party-withUu. hearing him or
giving him an opportunity to bo heard
Is not q judicial determination OF his
rights, and is not eptitl TO respect in
any other tribunal, but eclarcs that there
is another rule which IS equally vital TO
personal liberty and 10 tho preservation
Of organized society. II has relation 10 the
class Of contempts which being committed
In tho face Of tS Court, imply
purpose 10 destroy iis authority, or to
insult or 10 intimidato those charged with
the duty OF administering the law.
Numerous authorities and preccdents are
cited upon which the decision concludes
that II was competent for the Circuit Court,
Immediately upon tho commission, in its
presence. Of the contempt recited In lis
order OF September 3, 1883, 10 proceed
upod lis own knowledge Of the facts aud
imprison the offender without further
proof aud without issue of trial In any
form, and says at was not bound 90
hear any explanation OF his motives II il
was satisfied, and we must conclusiyely
presume IL was satisfied, from what oc-
CURED under It's own eye aud within It's
hearing and that the ends Of Justice de-
mand Immediate action, aud that no OK
PLANTATION could mitigate his ofTcnso or
disproyc the fact that ho had committed
such contempt as deserved instant punish
mcnL Whether tho facts really Justified
such punishment was for the Circuit Court
10 determine. lts conclusion upon such
facts Is not open 10 inquiry or review in
this collateral proceeding"
As 10 the affirmation that the order Of
September was void bccauso Il was made
IN the absence OF the petitioner, tho de.
cision SAYS Jurisdiction Of the person OF
AfA' IAAtAANhhA AAAHAsihAiN NlfNn Nllt
contempt being committed in the presence
Of the court. That Jurisdiction was not
surrendered, nor was Il lost by any unrca-
sonablo delay Ia exercising the power 90
proceed. without notice and proof, 10 Inn
mediate punishment Tho absence OF the
petitioner from tho courtroom In another
room near by, In the sane building, ut the
time the order was made, was his yolun.
tary act. Tie petitioners mis-
behavior In the presence Of the court, his
voluntarily leaving tho court, his going to
the maEhars room, and the making Of
the order 81 commitment WINS In substance
ono occasion. They substituted, In loyal
effect, ono continuous, complete tunsac-
ton. and the jurisdiction Of the court 10
enter nm order for the blenders arrest and
Imprisonment was IA full and complete IN
when he was In tho courtroom In the im.
mediate presence Of the judges"
Decision by Justice Harlan.