The record-union., 1897-02-15
The Law of Contempt.

of good faith.-Eds
The Law of Contempt.
Eds. Record Union: The promoters
of this change in the law profess TO be
lieve that as the law now stands a
Judge on the bench is held sacred from
the criticism which may be visited freely
when deserved upon all other public
servants
In this proposition there is q very
grave error. an error material to the
whole question. A Judge is not held
sacred from criticism. He is es much
subject to it as any other official, and
has the same and no other means of re
dress that all other men have for false
or malicious accusations.
But while the Judge is actually en-
gagged on the bench in the performance
Of his duties in hearing and deciding
causes between private parties, 1t is the
right of litigants that the Judge shall be
free from all outside interferences. BY
such interference justice is thWarted
and the citizen who seeks legal redress
against wrong is made to suffer. The
Judge has no right to look beyond sthe
case itself as it is presented to him in
court Much less right has an outsider
whether a court or jury broker or
newspaper partisan to interfere and at
tempt to influence the decision.
Pending the trial before the court the
papers are not prohibited from publish
ing full and fair reports of the proceed
ings The Judge is held to a strict ac-
should be protected from interference
oil I,a .+o a.
the Judge, by these outside influences
perverted from the path of justice an
law he alone would bear the response
blity while the real author of the wrong
would escape. After the trial is ended
and the decision rendered. criticism of
the court or jury, being then no actual
interference in the case. Is nee and t.
citizen whose property or liberty was in
volved in the case is not injured.
No speech or publication rejecting
upon or concerning any court or any Oh
ficer thereof shall be treated or pun
ished as a contempt of court unleS.
made in the immediate presence of tfs
court while in session and in such l.
manner as to actually interfere with it
proceedings"
| Such is the proposed law. Outside q
the courtroom the Judge, or both Judgf
and jury, may be threatened. intim.-
dated, bulldozed or ajoled without limit
| or restraint. Every speech by the leade-
| of mob, every publication in relation
| the case on trial, no matter how violent
| or vile made to influence q court or
| jury is protected, even though they bC
made under the same roof where tht
court is sitting, SO long as they be not
made in the immediate presence of the
court.
| 1t has been repeatedly stated that this
proposed law is a verbatim copy of a
law of the United States in relation 10
| the inferior Federal Courts. But this is
| a mistake The Federal law, L. s. Re
vised Statutes, Section 10, in relation
| to contempts of the authority of the
District and Circuit Courts. is quite diff
ferent from this proposed law 1t does
not at all prohibit the court from pun
| ishing for any interference which ''ob-
structs the administration of justice" 1t
| merely provides that punishment for the
misbehavior of any person must be for
| misbehavior in the presence of the
Judge, ''or SO near thereto as to OBJ
struct the administration of justice"
and does not limit it to the time while
the court is in session.
This proposed law strikes at the indie
dendence of the judiciary. 1t is this
freedom from all improper influences
| that enables it to enforce the laws and
administer justice between private in
| dividua1s 1t is not the personality of the
| Judge that is much, if at all. concerned,
| but it is the rights of the citizen who
seeks protection in the courts AS to
| the rights of the press, they are amply
protected as the law now is, and it is not
believed by any thoughtful friend of
| free and independent press that it is
desirable to have it established as con-
stitutional law that a newspaper may
so far espouse the cause of party liti
CANT as to have the right to interfere in
| the trial Of a cause.
| The following is a correct copy Of the
section Of the Revised Statutes of the
United States bearing on the question:
| Section 120. The said courts shall
have power to impose and administer all
| necessary oaths and to punish, by fine
and Imprisonment, at the discretion of
the court, contempts of their authority;
provided, that such power to punish
contempts shall not be construed to eX
| tend to any cases except the misbe-
havior of any person in their presence,
or so near thereto as to obstruct the ad-
ministration of justice the misbehavior
of any Of the officers of said courts in
their official transactions, and the DISC
bedience or resistance by any such Off
Ger, or by any party. juror, witness, or
other person, to any lawful writ, pro-
cess, order, rule, decree or command of
said court" ANXIOUS CURIAE.
| To Cure Cold In One Day