The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1901-12-25
CONTEMPT OF COURT
The Fight of Judges to |nf1ict
Punishment.
Concurring Opinion by Justice Clark in The
Gotham Case. Baneful Influence Of
Hired Lobbyists. Il

In the case of ]. A. Gorham, who as
the Southern's law agent, was fined and
sentenced to Imprisonment for tampering
with the jury in Iredell Superior court,
Judge Clark fled a concurring opinion.
Extracts from the opinion of the court
were printed yesterday. The concurrng
.opinion by Justice Clerk gets at the meat
OF the case and makes mighty interesting
reading. Justice Clark said in part:
THE findings of fact, there being evil
dence, cannot be reviewed on appeal and
upon those facts the judge could not do
less than adjudge the respondents guilty.
The sentence of $50 fine and twenty days
Imprisonment each for Graham and RAM
sey, the most guilty parties, and of $50
fine without Imprisonment for Brown were
moderate sentences for an offence, which
il unchecked, would overthrow and make
contemplate the administration of JUS
tice.
The besetting sin Of courts is to go be-
yond their jurisdiction and supervise the
action of the other departments and the
courts should strive against that ten
dency. But on the other hand the judic-
larry should be firm and prompt to main
tain and defend the exercise of their own
prerogative and authority from the inva-
sion of the other departments. Article
II, Section II of the Constitution says
the Legislature shall have no power to
deprive the judicial department of any.
power or jurisdiction which rightfully
pertains to it as a coordinate branch of
the government. If the General Assem-
h1v bo6 cd bot actC
as are here found to have been commit
ted by the respondent, could not be pun
efshed by the courts it would have been
nullity as an attempt to deprive the jul
dietary of power which has belonged to
it from the remotest antiquity, and which
has never been denied to any other court,
and which is an inherent power necessary
to the very existence of any authority in
the courts. If the moment juror passes
out Of the court room, hired lobbyists
in the pay of powerful and wealthy Sena-
tors, can tae them in charge, suborn
them, bride them, sleep with them, treat
them and snap their fingers with i'm
punity at the court then indeed the judic-
larry is worse than exhausted
1T will not avail that the parties can
be tried for 'embracery' at the next term.
if ell the judge can do is to make mis-
trial. The injury is done and the con-
tempt of the court most fully shown by
preventing trial at this term. The con-
tempt could not be more direct or pal
pable if a band of armed men had driven
the jury into the court room with threats
of violence # their verdict was unfavor-
able, and had stood just outside the door
to execute punishment if disappointed. 1t
is equally contempt of court whether
man meets the juror just outside the
court room with a bride or bludgeon
in his hand. If the court cannot prevent
either because not done within the court
room, the administration of justice is no
longer free. If juror can with impunity
be bribed or bullied on this trial, the
some thing can be done when these re-
spondentS are on trial for enlbracery at
another term. If jury lobbyists or law
agents, can with impunity tamper with
this verdict they can with that, 1t can
rot be justly imputed to any General AS;
sembly that they passed an act intended
or so worded as to justly mean that the
administration of justice can be defeat
ed, impaired and. impeded.' Were it posi-
BILE that asuch an act had been passed, it
would be our duty to declare it uncon-
stitutional and with as great reason as
the court has ever done so in any case.
Judge Clark says referring to Section
CSC of the Code: This legislative con-
struction fits this case as a glove does
the hand"
In conclusion the opinion says: The
respondents cannot purge themselves in
case of this kind. That is admissible only
where the intention is the gravamen or
the offense" The intention here is not to
be considered for it is the acts of the
appellants which constitute the contempt.