The midland journal. (Rising Sun, Md.) 1885-1947, 1894-07-27
Imprisonment for Contempt.
THIS MODE OF PRESERVING
THE PEACE-OUR DIES
POTIC JUDICIARY.

THE PEACE-oUR DEs-
PoTIC JUDICIARY.
A lawyer denounces the practice
of Federal Judges in a letter to the
Philadelphia Press from which we
make the following extracts
Permit me to say few words regarding the
apparent approval by so many newspapers and
people of the decision of Judge Taft in sentencing
striker to six months imprisonment for contempt
in violating an injunction issued by that Judge
1t appears that this injunction was granted ex
parte on afidavits of the law officers or others,
and was an exercise of the equity power of the
court in an atttmpt to prevent criminal offense.
Lord Eldon, Lord Gaines and other eminent
lawgivers of England, and our own Chancellor
Kent, have held in most positive terms that the
jurisdiction of the courts ofequty is only intended
to deal with matters of civil rights resting on
equality, or, where the remedy at law is not
sufficiently adequate, and that such courts have
no criminal jurisdiction Their function is to deal
with the violation of property rights; with the
punishment of crimes as such they have nothing
whatever to do. 1t would be useless to enlarge
upon this point as it has been settled by many
decisions of the highest courts and most learned
Judges of the civilized world.
1t remains for some of the States of America,
which boasts of her freedom and points proudlv
to the constitutional provisions for the protection
of liberty, to introduce a new rule which outrages
personal rights
The national Constitution provides that the
trial of all crimes except in cases ofimpeachment,
shall be by jury, and this provision is, 1 believe,
Incorporated into the Constitutions of all the
States with the additional clause as in our own,
that it ''shall remain inviolate'
That such provisions are subyerted by decisions
and sentences such as that of Judge Taft is too
plain for argument. Even under conditions
where the defendant is given chance to be heard
the equity procedure provides for a hearing on
aflidavits and the defendant has no chance of
seeing the witnesses who testify or subecting them
to cross-examination. No jury is called in and
the decision on the facts and the extent of the
punishment is left to the feelings of the Judge.
animated by fierce prejudice or influenced by the
complaints. But it seems now that even the
ordinary forms of equity are disregarded and in
functions are granted without giving the defend
ants any chance of making defense by affidavts
OF denial; and then sentence is passed on a man
who, until arrested for the supposed contempt.
has not had his day in court. Some citizens NAV
contend that ou Judges are above corruption,
yet how few of us who do not know thousands
who would object to be tried in this way by GOV.
ernor Altgeld if he was now on the bench, or
Judge Gary, of Chicago, who sits there still.
Then, again, under such proceedings man
may be tried twice, once by the ex parte proceed
ings and, after his imprisonment for contempt
has been served, then by the Criminal Court,
This again viola ties one of the most sacred pro
visions of our Constitution.
10 make the system more perfect outrage ii
only needs as supplement that as soon as the
injunction issues the officer charged with the
execution of the same shall confiscate all the
defendants books and papers, private and other.
wise. as was done in Debs' case and thus to make
sport of another clause of the Constitution ssThe
right of the people to be secure in their persons
| houses, papers and effects against unreason
| searches and seizures shall not be violated"
The right of personal liberty is the most Wanted
| in this country, and yet philosophers who would
seem competent to judge, say that there is no
country in the world where, take it all in all we
have so little as here. If this new method OF
Furnishing crime is persisted in we NAV as well nj
once suspend the right of habeas corpus and Jury
| trials and Boosting. The right of men to a hear.
ing on a criminal charge before a Magistrate to
have these charges passed on by Grand Jury OF
their fellows and afterwards trial in open court
before the world and jury of twelve men is a
| guarantee of some liberty at the worst When
| these are done away with, as they have been in
these SO called equity proceedings in the Western
States, we may well pause and consider Some
thing is wrong.
This question arises above any mere sympathy
for or against the strikers. Itsstatement involves
| all the rights of personal liberty guaranteed by
the Constitution. 1t should be understood and
considered by all men,
NM SAMUEL w. COOPER.