The times. [volume] (Richmond, Va.) 1890-1903, 1898-04-15
ISAN INHERENT RIGHT
For Courts of Record to Punish All
Sorts of Contempts,
LEGISLATURE IS COORDINATE.
70 Give tho Legislature This Power
Would Enable one Department Es-
tablishcd by the Constitution TO
Destroy Another Having Its
Existence From the
Same Source.

The action Of Judge Whituc of the
Circuit Court in Lynchburg overruling
tho new enactment Of the Legislature
taking from the court its power of pun
ishing for contempt has created much
interest here.
AS before published William VI. carter
was arraigned before the court on the
charge Of contempt I'm endeavorng TO
have a case in which he was interested
postponed by the sending Of false tele-
grams.
ASKED FOR JURY TRIAL.
Through his counsel, Garter asked f0r
d trial by jury, but Judge Whittlc held
that the law of the Legislature referred
TO was unconstitutional IN that Sc under
took TO rob the courts of q jurisdiction
secured TO them 10y the Constitution as
part of their existence.
lie accordingly fined Carter and ordered
him to jail
The Lynchburg bar. almost without cx-
ception, have endorsed tho judges deci-
sion. Garter will apply for superse-
deas.
In order to have a more complete un-
derstanding OF the case and the ground
cor Judge White action. as we'll as ttne
feeling which inspired the support and
sympathy OF the Lynchburg bar. TIE
Times has secured the opinions Of some
of the leading legal lights of that city.
LYNCHBUEG'S OPINION.
LYNCHBURG, VA, April 14.-Special-
In speaking OF Judge Whittle's decision.
Mr. r. q. III. kcan gave the following
opinion: "I am asked whether, m my
!. ..I
February 20, lN9N 10 amend section 3l66
Of the Code of Virginia I'm relation To- COM
tempts and 20 define what are direct and
what are indirect contempts. and tO pro-
vide a. mode OF procedure in such class
of cases is or is not valid. in view OF
general principles, and such authorities
as Gn "a limited time / have had oppOr-
tunity 10 consulD. / strongly incline TO
the opinion that so much OF the act i'm
question rs undertakes TO prescribe the
manner in which what are called iudi-
rect contempts shall be dealt with. Civ
ing TO the party proceeded against the
peremtory right TO demand a jury trial.
such jury having to authority 60 prescribe
the punishment II any, is awarded, IS OF
more than doubtful validity
AN INHERENT RIGHT.
THE right. ana power OF courts OF
record. to punish all sorts of coutempts IS
generally conceded 10 be inherent IL is
not given 10y legislation but belongs as
a necessary and insperable power incl
dent 10 the judiciary.
"All courts OF record had 10 when IL
when our governments were founded and
the separation OF governmental powers
into departments was old and recognized.
"As this power IS not conferred by the
legislative department. go it IS logically
held to De held one which the Legislature
cannot take away. or abridEc.
BEYOND LEGISLATIVE AUTHORITY
"ln so far. therefore. as the act i'm ques-
ton gives 10 the party in Indirect con-
tempt, the power peremptorlly 10 elect 10
be tried by a. jury and gives the power
percmptorily 20 elect 90 be tried by jury.
and gives to the jury the power TO deter
mine. both whether a contempt has been
committd and If so. what punishment
shall be inflicted il seems 60 me quite
plain that the inherent and essential
powers OF the Judiciary department are
curtailed, I'm a manner beyond the author
ity Of the coordinate legislative depart
ment.
"Out Of a multitude OF authorities bear
ing more or less directly on the question.
1 refer 10 the following IN which many
others are cited.
United States ". Hudson. Cranch. 81:
Burke VS.. Territory, 1884,, 81 Pac. r.. Ss3;
Hale vs.. state. 1896. A. y j.. rep. 200"
CAPTAIN BLACKFORD.
Captain Charles VI. Blackford. In refer
ring 10 the Courts action. said: Judge
Whittle's course I'm refusing to delegate
10 jury the mode of punishing Carter
for contempt Of tho mandate OF his
court, meets the hearty approval. 1 be-
lieye. OF our whole bar. II vindcates the
ia. -
at legislative interference which under
takes TO rob the courts OF the power TO
enforce their orders.
"A circuit court is established BY the
OF the State. just as is the
Legislature, and while the Legislature
may regulate fits Jurisdiction it cannot
take from 1t the power % enforce orders
within tho range Of its recognized au-
thority.
ONE WOULD DESTROY THE OTHER.
To do this would be 10 so rob IL of it's
vitality as TO practically destroy its ex-
istence and 10 permit this power in the
Legislature would be TO give TO one de-
partment OF the government established
by the constitution, the power to destroy
another and coordinate department
which cannot, IN my opinion be denied.
THE act of assembly which undertakes
TO give this right Of trial by jury I'm GER
tain cases of contempt Is, / believe. taken
from the statute book of Kansas. the
experimental ground for all novel and
vicious legislation.
If wrongs exist I'm Kansas which re-
quire such q remedy they do not, and
never will exist I'm Virginia.
mo one demanded such Legislation and
It is 20 be hoped that the courts of the
land will declare II void"
RANDOLPH HARRISON.
Mr. Randolph Harrison when asked by
your correspondent for an opinion. said:
1.-The act construed by Judge Whittle
makes all cases of disobedieuce 20 the or
ders of a court. except the disObedience
of an officer. juror or witness. indirect
contempt. punishable only on written ac-
cusation, and trial by a jury on the ap-
plcation of the accused.
The power of court TO enforce It's or
ders by summary punishment is there
fore taken away. and all power OF the
Court of Appeals 90 enforce obedience 10
it's orders practically destroyed. for the
reason that it cannot lmpannel "a Jury.
AN INVASION or RIGHTS.
The act is not "A mere limitation upon
the jurisdiction OF the Courts. but an in
vasion OF their inherent power 10 enforce
obedience This power exists independ-
entity OF legislative authority and It IS
hA -. -