Sacramento daily record-union., 1888-11-13
DAILY RECORD D-UNION
-NovEmBER ls. 1888
TIE POWER OF a COURT TO PUNISH
FOR CONTEMPT.


of which the public is well in
formed. The opinion of the Court has
been looked for with more than ordinary
interest, because of the unusual character
of the case, the relation it has had with
one of the most notable scandals ever
brought to the bar of Court, and because
of the questions raised attacking the iuris-
diction of the Court committing Terry to
Jail.
Judge Terry claimed before the Court
below that the alleged contempt was not
committed in the presence of the Court,
and before the Supreme Court he claimed
that he had no notice of the intention
Of the Court to make an order, and be-
cause it was made in his absence; that he
had therefore no opportunity to be heard
in his own defense-a right that in all
other cases attaches to the liberty of the
citizen. Upon these points the decision of
the chief tribunal turns. As they are i'm
portant in determining the right Of
the citizen before the Courts Of the
land, and TO an adequate compre-
hension Of the arbitrary powers of
the Courts in cases where they are as
sailed, though no new principle is enun-
ciated and no new Interpretation of the
law given, it viii be profitable to obtain a
clear understanding of the law as laid
down by the Supreme Court.
That body decides that whether the
order was made without notice of inten-
tion, or whether Terry was not given an
opportunity to defend himself against the
charge of contempt, are immaterial mat
tiers, so far as any inquiry is concerned
which the Supreme Court has the right to
consider. For says the Court:
Upon the facts recited in the order of commit
ment, showing that case of contempt was
committed in toe face of the Court which
tended to destroy its authority, and te embarrass
ana obstruct its business. By violent method /:
the Petitioner was not entitled, of absolute
right, either 20 d4mgnd trial or to have notice
given him of the Courts intention to proceed
against him, or to have any opportunity to
make a formal answer to the charge contained
in the order of commitment.
The Court then proceeds to state the
general rule to be that a sentence pro-
nounced, without giving the party against
whom it is directed an opportunity to be
heard, is not judicial determination of
his rights, and is not entitled to respect in
any other tribunal But there is another
rule, which citizens must understand, ap-
plies in such cases as Judge Terry's, and is
equally vital to the personal liberty of the
citizen, and the privileges of organized So
ciety. 1t relates to eontempts committed
in the face of the Courts of the land, and
which imply purpose to destroy their au-
thority, or intimidate those charged with
dispensing justice. From which we are to
understand that the right of the citizen to
his personal liberty and to the mediation
of due process of law before he is deprived
of 1t, is not superior to the necessity that
the Courts Of the land shall not be intim-
idated, nor their authority defed, since
they stand between the liberty of the citi-
zen and all attempts to deprive him of it,
and are the guardians and bulwarks of his
property rights, as well as of peace and or
der in society.
So, then, it was competent for the Court
that committed Judge Terry, Immediately
upon the commission of the ofense in its
presence, as recited in its order:
To proceed upon its own knowledge of the
facts and TO imprison the offender without snv
Iurthsr process and without issue or trial in anv
form. IL was not bound to hear any explana-
ton of his motives if it was satisfied, and we
must conclustvely presume it was satisfied from
What occurred under its own eye aud within its
hearing. and if it was satisfied that the ends of
justice demanded Immediate action, and that
no explanation could mitigate the offensa or
dfsprove the fact that he then had committed
such contempt as deserved instant punishment.
The Court, after thus plainly stating the
arbitrary powers of the peoples tribunals,
and with which we must all admit they
are invested for the best and wisest of
purposes, and in the highest interests of
society and the liberty of men, holds that
1t is not open to inquiry by higher Court
whether the fact justified the punishment.
That is TO be determined by the Court i'm
posed upon or insulted and disobeyed Its
conclusion upon the facts is not open to
review or inquiry in a collateral proceed
ing. As to the order being made in the
absence of Judge Terry, the Supreme
Court holds that jurisdiction of the per-
son of the offender attached instantly upon
the commission of the contempt in the
presence of the Court, and that jurisdic-
ton was not surrendered or lost by any
delay in exercising the power Of the Court
to proceed without notice or proof to i'm
mediate punishment.
This is a nice but clearly right and Just
definition of judicial authority that all
men ought to thoroughly understand, for
its appreciation by the citizen must tend
to inspire respect for the tribunals the peo-
pie erect for the administration of the
laws. 1t is the importance we attach to
the value of such understanding that JUS
tifes extended notice of the case.
That Judge Terry was absent from the
Courtroom when the order was made saws
the Supreme Court of the United States.
was voluntary act on his part. His
offending which was an assault not upon
the tribunal so much as upon the means
the people have established for confirm
ing and defending their rights and isber-
ties-his leaving the Courtroom and going
into the Narshal's Office, and the making
of the order Of compliment, were but
parts of one occasion and constituted enc
continuous and complete transaction, and
hence the Jurisdiction o the Court to
enter the order of arrest and imprison-
ment, or to defer it, was as tuIl and COM
plete as if the offender had remained all
the time in the immediate presence of the
Court.
If the decision thus outliaed shall in
spire greater respect for the authority of
the tribunals Of the law; If ft shall
strengthen the popaIar judgment that the
laws of the land must be obeyed, and that
submission to authority is essential te the