Virginian-pilot. (Norfolk, Va.) 1898-1911, 1899-06-07
NEBRASKA CH!LDREN'S HOME
SOC. V. STATE
Supreme Court OF Nebraska.
February 9, 1899.

February ., 1899.
NO MERE ERROR OR IRREGUI.AR-
PTY IN AN ORDER OF a COURT
EXCUSES IT'S DISOBEDIENCE.
If TIE COURT HAS JURISDIC-
TION.
THE POWER TO PUNISH FOR CON
TEMPT is INCIDENT IN EVERY
JUDICIAL TRIBUNAL DERIVED
FROM IT'S VERY CONSTITUTION.
AND MAY GENERALLY BE EN-
ERcISED ONLY BY THE COURT
WHOSE ORDER is VIOLATED. OR
INTERPRETED WITH.
WHERE THE OBJECT OF A CON
TEMPT PROCEEDING IS TO COM
PEI OBEDIENCE TO AN ORDER
WHICH MAY STILL BE OBEYED.
IT is PROPER TO SENTENCE THE
DEFENDANT TO IMPRISONMENT
UNTIL HE OBEYS IT. AND. IN
ADDITION, IMPOSE A REASON
ABLE FINE FOR PAST DlSOBEDI-
ENCE.
This WAS Il proceeding for contempt
against the Nebraska Chldren's Home
Society and its superintendent for re-
fusing To obey a writ of habeas corpus
before him OF four children of the petit
TONER who were in the custody of said
defendants. The sheriff returned that
he had demanded the children. and had
met with a refusal. and they were not
found The defendants admitted that
they had had the children, but that
they were no longer in their custody.
The court then made an order directing
the defendants to produce the children
at certain time and place and they
railing to do so these proceedings were
begun The individual defendants were
adJudged guilty of contempt and sem
fenced to Jail until they should pro-
duce the children. and also fined 5000
each. They appealed.
The court says:
1t may be said that the proceedings
In the habeas corpus case are open to
examination here only so far as to as
certain whether the judge in those pro-
ceedings was acting within his juris-
diction. If not. his orders were void.
and no contempt could be committed
by disregarding them. If. however, the
order violated was one which the Judge
had authority to make then the pro-
prlety of his making it, or the regu-
larity OF the proceedings do not now
concern us. No matter how erroneous
that order may have been, no matter
how irregular the proceedings leading
thereto, such errors or irregularities
cannot be urged as n defense or in ex-
tenuation of the violation of the or
der. A moments attention to the sub
jects indicated must convince one that.
when a Judge sees fit to issue writ 1t
must be obeyed or resistance thereto
made in the regular manner. Neither
ministerial officer nor private citizen
can be permitted to ignore the mandate
because he may think the judge allow
ed IT on insufficient grounds. The order
made was one which the judge had
power to make. and in proceeding
whereof he had Jurisdiction, and all
matters relating to the propriety of its
making must. for the purposes Of this
case be disregarded. The next group OF
questions relates to the power of the
Judge In the contempt proceedings.
Contempts are punished by that trib-
unal, and that one alone, whose order
is violated or whose proceedings are in
terrupted. AS has already been said,
there can be no doubt OF the power,
and the duty. when occasion demands,
of judge in vacation allowing. hear
ing, and determining n writ of habeas
corpus: but that power would be nuga-
tory were he not also vested with the
power to compel obedience to such pre-
1iminary orders as may be necessary for
the purpose of enabling him to exercise
the power granted Authority to allow,
hear and determine a writ of habeas
corpus is vested In Judge in cham
bers. because the remedy is of a sum-
mary character. which "a to be admin