The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1899-02-24

3 else thereof 10 express constitutional p.J
b vision is required. and the writer Of ia
: opinion cites 10 support OF this doctrm
~ \. y. 4eg. Wis, ssO. IA GRAY. 20. an,
8 wheaton 2Qi, none OF which cases sup
p9r' the doctrine except the case of An
ueisoh Fs DUNN g. Wheaton syt. wn.ci
mas oeeh expressly rcpudiated by %,
Court which rendered H. lhe writer o.
that opinion rails 20 discriminate between
powers conferred bv the constitution and
powers Wnich inhei9 in the legislative
body.
In the case OF Burnham vs., Merrisey
IL Gray 226. cited by the Missouri C,yrt
in support OF the doctrine that IegIsa-
tive bodies Lcve inherent mower To- pun.
ish Tor contempt Mr.. Justice Hoar. who
writes the opinion OF the court said.
The House Of Representatives mas th,
power under the Constitution. to lmprisor
for contempt. uut this power Us limited
to cases expressly provided Tor oy the
! Constitution or to cases where tae power
Is necessarily implied from those Consii.
tutional functions and du.ies. 70 the prop
! CT performance OF w.ich IL Is essential
! The power IL expressly conferred bv the
Constitution and the cases there enumerat
etd are tho only ones ln which a sentence
Of 'mprisonment Tor a term extending be
yond the session OF the House can ne i'm
posed as punishment 1--WE tnere.
tore think DC clear that lt Las che CONSTR
tutionai right TO take evidence, 10 sum
mon witnesses, ana to compel tnom TO AT
tend and testify"
No language could be clearer than this
that the power Ia MBssachuse.s Isa Con
sutuuonal and not an inherent one.
Judge Cooley says on page lsy of his
Constitutional Limitations:
American legislative bodies have not
been clothed witA tie judicial function.
and they do not therefore. possess the
general power to punish for contempt
but as incidental to their legislative au-
thority they nave the power 10 pun sh a,
contempts those acts OF memb rs or o.atrs
which tend to o0strucJ The performance OF
legislative duty. or TO defeat. imp,ds. or
emoarrass the exercise OF legs a5.vy pow
err"
The power here referred to 10y Judge
Cooley is the power belonging $50 SAFE
Legislatures where they derive their pow.
ers from the people through the Cons.ltu.
lions Of fundamental laws.
Mr.. Black, on page 20 Of his Constitu.
uonal Law, says;
How far, or In what circumstance. ne
legislature may punish persons for con-
tempta against it. Is one OF the unsettled
questions OF parliamentary law
NO INHERENT PowEiN.
The conclusion that am led to Is tnat ,
Territorial legislature has no inherent
powers. That the common law furnishes
no warrant for tho legislature exer,is.ps
judiciel power, and that no boay or tri-
bunal, Whatever It's name OF functions
can punish for contempts unless 1t Is
clothed with some judicial power
ORGANIC ACT QUOTED.
Has our legislature and juricial power.
or can the Legislature confer upon .,sef
or either body thereof sucn uuc.lJus
In order to determine this question We
must look to our grant of powers. tho
Organic Act This Act divides our lerrl-
torinl government into three epaiimynts.
and defines tho power Oh each. sec. q
provides
"rAet c-o legislative power Of the Ter
ritory shall extend TO al r.ghttui sub.
jocts OF legislation, not ncons.s,ent with
the Constitution ana laws Of JEs -nlt,d
States
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MORE AUTHORITIES CITED
other Territories having the same or
similar provisions IN their Organic Ac.,
have held that the legislature .as $40
power either TO confer or take away tn,
judicial power as distributed ana IMPOSED
by the Organic Act.
Spencer vs.. sully Co. 80 n. W. "a:
Rupert W. Board, 2 Pac.. 1ls