The times. [volume] (Richmond, Va.) 1890-1903, 1899-03-26
SUNDAY. MARCH &c, 1909.


We are glad 20 sec that the decision OF
Virginia's Court Of Appeals. in which it
was held that Legislature cannot de-
privo the courts Of the state of their in-
berent power Of protecting themselves,
IS attracting the attention of the country.
The Chicago Tribune has the following
conservative and discriminating article
upon 70:
That paragraph of tho Chicago platform
which ccnsures what Alleged calls gov
eminent by injunction contains a SEM
tence endorsing bin then pending ln the
United states House oi Representatives
relative 10 contempt iu Federal courts
and providing for jury trials where OF
fences were not committed in tne pres
ence Of the court. Do that bin had been
law when Dchs WAS performing here
ne would have claimed fury trial when
brought up for contempt. for ho was con-
femptuous ~ thc stock Yards and NOT ln
court
Congress did not pass the bin men
toned above. but the Democratic Legs
laturo OF Virginia enacted similar meas
IRE TO curb the judiciary of that state
and 20 encourage persons 90 deiN inc
infunctions OF courts. The i've judges
OF the Supreme Court Of Appeals OF Viz
sinia. am OF them Democrats have just
declared tho law unconstitutional They
have incurred thereby the danger of be-
inr accused Of disloyalty To the Chicago
platform and Of Overriding the VIII of
tho people" bv setting aside statute
which they are convinced is Illegal
The judges take the ground that
I'm the courts created Boy the Consutu-
tlon there SIS am inherent power of seIf-
i F..s.a. ..H. ID f..H.H
power may bc regulated. but cannot Doe
DESTROYED. or SD far diminished as 80 be
rendered Intellectual by legislative enact
ment.
The judges believe that courts have the
same right to defend themselves AGAINST
what are called constructive oontompts
as against such offences when committed
in their presence. They have the same
right 10 punish man who dchos am Inc
junction. a+ Dehe did, ae they have io
punish n man who .s noisy BOO court
room and interrupts proceedings. The
executive branch OF The government BIAS
an inherent power of se'fdcfence. So has
the legislative branch Tine Judiciary has
the same power o. was given hN the
state Constitution lt cannot Doe taken
away by thc legislature. which. Ike the
courts IS "a creature of the Constitution.
Il ufr.s iunict excessive and uniustih-
able punishment ON persons who have
committed constructive contcmpts. lccis-
laturcs can impe8ch those judges and
remove them from office a leg azure
cannot however deprive tho judiciary
Of the power % punish The disobed'ence
81 legitimate court orders and turn that
power over 90 jury The Virginia de-
cision is % righteous one. tine chicago
platform 20 the contrary notwithstand-
ing.
We hone ,he press Of tho entire country
will take the subject up and discuss it
in this calm and unimpassioncd way. The
subject is not one for the domain OF pon-
tics. II pertains 90 the orderly life OF
shc citizen and should never bc mention
Cd upon the husuucs We can have no
social order without courts and We can
have no courts unless they possess the
power to compel am men 20 respect their
orders. judgments and DEGREES The court
IS almost a sacred thing. 1t IS the tri-
bunal which DEGREES and cnforccs iutsice
IL b. not 10 have the profanc hand laid
upon !. The law is said Co have its seat
IN the bosom of God. and thc court is tho
instrument that cnforces the law. u is.
therefore. endeayoring 20 exercise God s
will. and 81 g. not for the passions and
impulses % designing men 20 put them
selves 81 its way TO impede 30 in Us
course