The times. [volume] (Richmond, Va.) 1890-1903, 1896-05-05
TnSrE,ypys OF COURT.

EoNFEMPTS OF COURT.
The manner in which tho United States
Circuit Court In Chicago compelled ODE
dience 20 It's orders and DEGREES during
the riots IN Chicago three years ago by
punishment for contempt OF court, hrst
made tho body OF the people understand
the power belonging TO court, under our
system OF laws, TO compel all persons 10
respect its authority. The consequence
was there has been a great demand since
then from parties who wish TO nave uh-
bridled license to defy the laws upon oc-
casion. to have the authority to punish Ior
contempt OF court taken away from the
courts OF the United States. II this were
dono the courts OF the United States had
lust ms well be abolished. a court WITH
ont authority to compel obedience TO us
lawful orders by Furnishing those VINO uis~
obey them for contempt, is a mere FARCE
n moot court, and IL the nation had no
courts in which its laws could be enforced,
IL had Just as well have no laws. we
should no longer be a nation, but ior'y-
four separate nations bound together by
pledges. Of honor, If you choose that
would have no more binding force than
,rythes of rotten straws.
The clamor over the matter has caused
several bills regulating the power OF the
United States courts 10 be introduced INTO
Congress. and Senator Hill reported last
week from the judiciary Committee OF
the Senate one which seems to be an en-
tirely reasonable one. 1t is bill WHICH
comedies to those who complain Of the
authority of the courts all that they can
ipstly demand, but which preserves TO
the courts all the authority necessary Tor
compelling all parties to respect their
orders and DEGREES.
The bill defines direct contempts TO be
those committed during the sitting OF
co,,rt or a Judge in chambers in It's or MS
presence; all other contempts are indirect
II provides for the immediate and sum
mary punishment of direct contempts
,yiihoat written accusations. But the es-
pccially interesting feature Of the bill IS
that which deals with contempts OF court
not committed in the presence oil inc
court. but elsewhere, Ike the case OF
Debs. The provision upon that point Is
Us follows:
THAT upon the return Of an officer or
,,rocc.s OF an affidavit duly filed showing
any person guilty of indirect contempt "
| writ Of attachment or other lawful pro-
cess may issue and such person be ar
| rested and brought before the court anu
| thereupon a written accuSauon seluhs
forth succlnctly and clearly the facts al
| Legged TO constitute such contempt snali
| bs nlod and the accused required 10 an
| swer the same by an order nAins the
! time and place for hearing, and the court
/ may. on proper showing, extend the time
| so as To give the accused reasonable
! opportanity 10 purge himself Of such con-
! tempt After the answer, or III case OF
refusal 10 answer, the court may pro-
| coed to hear the accusation upon such les-
timony as may be produced. II the ac-
| cused answer, the trial shall proceed upon
| testimony produced as in criminal cases
| and he shall he confronted with the Wit
| nesses against him; but such trial SHAH
be by the court. or, in its discretion upon
! application by the accused, trial by jury
| may be had as in any criminal case. il
| found guilty, judgment shall be entered
| accordingly, prescribing the punishment
The bill allows appeal to the Supreme
Court.
This gives the accused person every
protection that he can properly ask for
1t is absurd to say that he is entitled as
a matter Of right TO n trial by jury II
such case, for the court may be sitting
in a locality where the passions of The
people are so innamed that it is impossi
bic to get twelve men who Will enforce thu
laws Disobeying orders which coVrti
make is an offence which stands upon ;
totally different footing from the ordi
| nary offences which the citizen IS LIABLE
to be charged with. The idea of the jur!
trial is TO make allowances for the inhrmi
tics Of human nature and To forbid tn,
| punishment Of a person who has com
mitted one Of those offences unless twelv
OF the people of the neighborhood agre
| that me should be punished. But Their
are no allowances for the infirmitieS o
human nature when the question is O
respecting the authority of the court
There can be 10 excuse whatever for dis
obeying its order but idiocy or menta
arrangement. The foundation Of every
thing IS order. ana there can be no orde
unless there is one authority from whic
there can be no appeal. The Senate's hi
is 4 wise one, and there can be no con
cession beyond what it comedies.