Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-19
TWELVE P AGES
WEDNESDAY. APRIL 10. 1899.
JUDICIAL CONTEMPT OF THE
JURY.

The cry of the Court of Appeals of
Virginia, OF the Richmond Times, the
Norfolk Landmark and all who support
the British Common-Law and its arbi-
trary powers in contempt. repugnant as
they are to all American principles. con
situations, institutions, and to the rights
and powers of the people. especially as
TO the right of trial by jury in all cases
affecting life. liberty and property is
that the Virginia act of legislature of
1898. regulating the jurisdiction of our
courts in contempt cases and prescrib-
ing their proceedings therein, deprves
our judiciary-our courts and judges
Of all self-dcfence and of all powers of
enforcing their judgments and man
dates This is not true; but on the CON
trary, is eXtravagantly and inexcusably
erroneous; THAT ACT ONLY MITI-
eating THE TYRANNY CLAIMED
BY THE JUDICIARY IN Furnishing;
CONTEMPT. but leaving 1t with all its
ancient force with respect to actual
contempt. In the presence of the court;
but authorizing the accused person in
all constructive contcmpts, not in pre-
sence of the court, to demand n fair
trial of the charge by jury. and provid-
ing also that all eXorbitant or excessive
lines or penalties in all cases, TO be
valid, must be approved by n jury.
In fact. the Virginia Code OF 1887.
codfled by such men as Burks. Staples
and Rely (our most capable and emil
nent 1urisprudents), had in it substan-
TALLY the same provisions as the act of
the legislature of 1S9S,-only this act
brings all the provisions together and
prescribes the process under them more
clearly. But here is the act to speak
for itself: and our intelligent readers
can see that IT DOES NOT AT ALL
STRIP THE COURTS AND JUDGES
OF SELF-DEFENCE, NOR OF ANY
NECESSARY POWER TO ENFORCE
THEIR DECISIONS AND DEGREES:
On the contrary, he will be amazed that
any portion OF our free government by
our public servants. is so invested still
with an irresponsible and remcdiless
authority that stirs the gall of every
man who does no; already crawl on ALL
tours. The fact is that the court re-
cents the constitutional and necessary
interference OF tho legislature with
what the judiciary has assumed as il
prerogative: and it contcmns the inter
position of 4 jury of the people between
Its flats and truculent acts. and our
citizens But read the act. rs here pre-
sentcd:
Chapter 5ls.-An Act to amend and
g
Virginia in relation to contem :. to de-
fine what are direct and what are in
direct contempts. and to define n mode
or procedure III such class OF cases
Approved February &c, 1898.
l. BE it enacted by the General AS
sembly of Virginia, That section three
thousand seven hundred ane sixty
eight of the Code Of Virginia he amend.
ed and re-enactcG so as 10 read as fol-
lows:
S76S. The courts and judges may is.
sue attachments for contempt, and
punish them summarlly, only in the
following cases. which are hereby de-
clared to be dircc; contempts:
First. Msbchavior in the presence
OF the court. or so near thereto as to
pbstruct the administration of Justice
Second. Violence or threats of vio-
lence to a judge or officer OF the court
or to juror. witness or party goins
to, attending or returning from the
court, for or In respect to any act or
proceeding had or 10 be had in such
court.
Third.-Allsbehav!or OF an officer OF
the court in his official character
Fourth. DIsobedience or resistance
Of an officer OF the court. juror or wit
ness to any lawful process, judgment,
decree or order of the said court
When the court adjudses 4 party