Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-04-05
COURT DECISIONS.
Notes of Cases Recently Decided,
Which are of Interest to
Our People.
DIGESTED BY W. B. MARTIN,
Exclusively for virginian- Pilot)

DIGESTED BY W. B. MARTIN,
Exclusively for virginian -Pilot)
CARTER V. COMMON WEALTH.
Supreme Court Of Appeals of Virginia
March &c, 1899.
THE COURTS OF VIRGINIA ARE
CREATED Ely IT'S CONSTITUTION
AND HAVE AN INHERENT POW
ER OF SELF-DEFENCE AND
SELF PRESERVATION. THIS
POWER THE LEGISLATURE MAY
REGULATE BUT CANNOT DE-
STROY, OR so FAR DIMINISH AS
TO MAKE 1T INEFFECTUAL.
THE ACT PROVIDING FOR 4 TRIAL
BY JURY IN CASES OF INDIRECT
CONTEMPT is UNCONSTITUTION-
AL, AS 1T DEPRIVES THE COURT
OF ITS INHERENT POWERS.
y DISCLAIMER OF y PURPOSE TO
BE GUILTY or CONTEMPT IS
ONLY a DEFENCE WHEN THE
LANGUAGE OR ACTS CHARGED
ARE OF DOUBTFUL IMPORT AND
BEAR TWO CONSTRUCTIONS
This was a proceeding against Car
ter for contempt of court by attempt
Ing to secure n continuance of n ease
against him, which was pending in the
Circuit Court Of Lynchburg. by means
OF false kilograms. lie tclegraphed his
counsel that he was sick with typhoid
fever and could not come to the trial
OF the case. His answer admitted that
this was false, but stated no disrcspect
~ tA
Tor n trial by jury which motion the
court overruled and fined him S25 and
sentenced him TO Imprisonment foi
two days and until he should pay
the fine and costa From this Judgment
Carter took an appeal. claiming that
he was not guilty of contempt and that
the lower court erred in refusing him a
trial by jury. The court says:
We are OF opinion that upon the facts
shown Garter was guilty of contempt
The effort to obtain n continuance of
his cause by means of statement as
to his health. which he knew to be false.
tended directly to impede and obstruct
the administration of Justice It is true
that with respect to conduct or Ian
guage, where the intent with which n
thing Is said or done gives color and
character to the act or words. n dis
cIhimer or any purpose to be guilty of
contempt is good defence, but this is
true only of language or acts. of doubt
iui import and which may reasonably
pear two constructions. We pass, there
fore, to the consideration Of tho next
error assigned. This presents n nurs-
ton OF the utmost gravity. which has
neeh argued with the ability which its
Importance demands, and has received
from us our best consideration.
lIhe court then cites the law as 1t ex-
lsteu III inc code giving the courts pow
er to punish for contempts. and the
amendments as passed in 1878 direct
ing that In certain cases OF contnrnn,
called indirect contempt jury should
Try the case. and then proceeds:l
helhS or opinion that the defendant
was GuiitY OF contempt we shall not
attempt any classification of II. II 1T
were direct contempt. then Its punish
iiieiil was without doubt TO be fixed bv
the court. IL 1t were n ronte,nnt not
within that classiGeatie I'm m
cumbent upon us to consider whether il
was WITHIN the power of the Legislature
20 ueorlNe the court of Jurisdiction to
punish 1t without the Intervention of n
jury. VI d
Article G. section !. OF the Constilu-
l,on. now q IN force. provides: There
snail be Supreme Court of Annnals
Circuit Courts and Comfy Cou,,s ~
jurisdiction of these tribunals and of
the Judges thereof. except so far as Tho
same is conferred by this Constitution
snail be regulated by law" In suh.
sequent portion of the instrument Cor
poTa,lon Courts are also provided for
the cities of Tie State. These courts do
Hot derive their eNlstcnce' from the log
!slatuTe. They are called into being Nv
me constitution itself the same an.
thoriiy which creates The lecisla t,ro
and the whole framework of State GOV
eminent. THE court cites q great num-
Der of authorities in support of it's
position and continuea1:
IL may be That iuries would punish n
given offence with more severity than
the court. but yet the jury is n t;ibu-
nal separate and distinct from The
court The power to punish for con-
tempt is inherent in the courts, and is
conferred upon them by the constitu-
ton by the very act of their creation.
1t is trust confided and n duty i'm
posed upon us by the sovereign people
when We cannot, surrender or suffer
to be impaired without being recreant
to our duty. In our system of govern
ment all power and authority are de-
rived from the people. They have seen
fit by organic law to distribute the
powers of the government among three
great coordinate departments-the
executive, The legislative and the Judi
cial. The constitution of the State.
which is law TO all, declares that 1.-The
legislative. executive and judiciary
bowers shall be separate and distinct"
This is = quotation from the Bill of
Rights. an instrument which should
never be mentioned save with the rever-
ehce due to the great charter of our
iipert!es. y court and the Judge there
o. IS IS much an agent and servant
OIL the people as any other officer Of
government. and he is bound by the
autE and obligation which he owes to
ahe commonwealth to cherish, defend
ana transmit unim2aired to his sue
cessors. the office with which, the Com