Kansas City journal. [volume] (Kansas City, Mo.) 1897-1928, 1897-07-07
KANSAS, NEW CONTEMPT LAW.

There is still another law which might
rightfuIIy be included in the long list Of
acts passed with erroneous and misleading
headings by the recent session of the Kan
sas legislature. 1t may be found at page
905. OF the session laws OF 1897, bearing the
heading, IAN act to establish trial by jury
In cases of contempt OF court whereas, to
fully set forth the meaning and effect con-
tanned. it should have borne the title. An
act 10 impede public justice"
This act was promulgated in response TO
tho government by injunction" plank of
the Chicago platform. The Kansas Popu-
lists professed TO believe that judges were
too severe and arbitrary in administering
punishment for contempt. though an in
stance of the kind can not readily be re-
ferred to in the history OF Kansas juris-
prudence. The act divides the misdemeanor
Of contempt into two classes. direct and in
direct. Direct contempt can only be COM
m.tted in the presence of the judge, while
Indirect contempt covers disobedicnce TO
the courts orders. In cases OF direct con-
tempt the judge may punish summarily,
but in cases OF indirect contempt the ac-
cused is granted all the privileges of the
criminal statutes. He may take time 10
answer after being duly charged in writ
ing: is entitled TO a trial by jury. and in
event OF conviction may appeal TO the su-
preme court of the state. The right of ap-
peal is also accorded TO the person adj
judged guilty of direct contempt. the only
apparent difference between the two being
the right to trial by jury in a case Of in
direct contempt.
Let US look for a moment into the work
ings Of this Law. A man may be charged
with murder or some other heinous Of
tense. To prove his guilt it becomes neces-
sary to secure the testimony of certain
other men. who are duly subpoenaed. The
case is set for trial. the jury is impaneled,
the attorneys state their theories and con-
tentions, and the public prosecutor turns
to his witnesses TO commence the introduc-
ton of testimony. They are not in the
room. Calls by the sheriff elicit no
response. An attachment is issued. and
the derelict witnesses are brought into
They can not be punished for dis
obedience of the subpoena without a trial
by jury. They refuse to be sworn and
testify, and the judge exercises his alleged
summary power and inficts a penalty. |
They appeal to a higher court. give an ap-
pearance bond. and calmly go hence.
There is no mistaking the intent Of the
to deprive judges of summary power, |
though it pretends to retain it to them in
certain contingencies. Unde either class
OF contempt the accused may take himself
entirely beyond the power and jurisdiction
Of the court against which he has sinned. (
for a stay of judgment is granted, when he
shall give bond to the higher court to which
has appealed. The privilege of fixing
bond is not even retained in the court
of original jurisdiction, for it may be de-
in the court to which appeal is
And then. to complete the help
of Judges of lower courts, It is pro-
viGed that the supreme court may change
the contempt sentence to suit its own ideas
Of the ~case-instead of reversing or affirm
ing. as is usually the proceeding.
1t is not the main argument, however,
thar this law is weak because 1t offers op-
.portunity of escape from contempt penal
ties. As we have already indicated, the
most serious objection rests in the oppor-
tunity it gives unwilling witnesses TO pro-
criminals. 1t is not difficult to mag
Inc a case wherein a witness would be per-
rectly willing to be adjudged guilty of a
misdemeanor from which he can take an
appeal and secure a stay of judgment for
three or four years rather than swear away
the life or liberty of a pal" The most
useful and important power OF any judge
Is 10 compel the witnesses in his court to
testify and tell the truth. In every state
he has been empowered summarily to i'm
prison an unwilling witness until he is
to talk. and it is upon this power
hat a judges ability to protect society and
10 justice between man and man must
,hiefy rest. Kansas has weakened her
without furnishing any additional
TO the rights of honest citizens,
,nd the action she has taken becomes all
he more reprehensible when it is remem-
Dered that it was in response to a senti-
nent that must be denominated as both
naudlin and revolutionary.
EDITORIAL NOTES.