The Montgomery advertiser., 1903-02-04
IMPORTANT OPINION
 OF JUDGE JONES
Continued from Page seven.)
I.3 Commerce St.

at the time; yet Savin was held to be guilty of ''misbehavior in the presence of the court In his opinion, Justice Harlan quotes approvlngly Bacons Essay on the Judicature, No. 57, where he says. The place of justice is an hallowed place. and, therefore, not only the bench, but the foot pace, and the purprise there of. ought to be preserved against scandal and corruption" Justice Harlan adds: ..We are of opinion that within the mean ing of the statute, the court, at least, when in session. is present in every part of the place set apart for its own use, and for the use of it's officers, jurors ana witnesses, and misbehavior anywhere in such a place is misbehavior in the pres ence of the court" If the inanimate things, which are devoted to the use of Justice. are hallowed in the eyes of the law, at least when the court is in ses- sion, how much more so in principle, must be the security against assaults because of discharge of duty, of the per son of the officer who orders and con trols the administration of justice therein, no matter where he is Is not the judge .'so near" to the court. that whatever unlawfully influences him, unlawfully in- fiuences the court.
 No useful purpose would be subserved
 
 contempts in faciae curiae. and construc- tive contempts which may be punished summarily by the court. There is 5, a learned and instructive opinion on this subject by Judge Hammond, in The United States V. Anonymous H Fed. Rep, 76l. He says: Tt Is quite clear that 1t is mistake that all contempts not committed in the presence of the court are construct i've only. The mere place of the occurr- xl.. question. It may depend on the char acter of the particular act in other re- spects, besides the place where it hap pened. When it takes the form of an as- sault upon the officer, as when he was beaten and made to eat the process of the court and its seal, in Williams V. Johns, ? Dick AT, the impeachment to the even administration of justice may be quite as direct in its operation to that lend. happen where 1t may, as If the party had ridden his horse to bar and dragged the judge from the bench and beaten him" If the people of a distant locality, frenzied by opposition to a particular law, should band together to prevent United States Commissioner being sta tioned among them, and drive him away by force, the place of the occurrence would be immaterial, Tn determining the character of the offense. no matter how far distant from the s!ttngs of the court. Such lawless acts would certainly net disturb the sittings of the court or interrupt the orderly dispatch of it's pro- ceedings; yet the direct effect, in law and morals, would be as obstructive of justice, as If the same lawless assembly had snatched prisoners from the hands of the marshal, or kidnapped witnesses to prevent their going before the Grand Jury. or. for that matter, arrested the Judge himself. when found miles away from the Court House, and detained him by force, to prevent his holding the next session of the court. No one would doubt the power to punish such acts. IS mis- behavior "so near to the court as to ob- struct the administration of justice" for they arrest or disturb the powers of the court as effectually as when done in the very presence of the court. See In re Brule, T Fed. Rep. 9i3.
 What is said as to the Judge of court applies with equal force to per sons who aid 1t in a judicial capacity, in the administration of justice. Commis sioners are important officers in the ad- ministration of criminal justice. Though they do not hold the courts of the United States they perform judicial duties. The District Court appoints them. It assigns them to posts of duty. generally at distance from the court, They are on duty as regards matters pertaining to their office. though not actually engaged fin holding an examination, while they remain at their posts in readiness to dis charge their duties. These duties cannot i be fearlessly performed, if commissioners must seclude themselves in their offices. They have the right to go on the high ways, free from fear of molestation on account of the discharge of duty wheth- CT past or prospective. Certainly it is of concern to the court which appoints ttfe commissioner and the administration I1of that part of justice which is confdCd to him that he be protected from vlo- lence and intimidation, as to his fidelity 10 his trust. This he does not have, un- less the court protects him against vio- Iepce because of his having done his duty He is. we repeat, an of cer of the Dis trict Court, and under it's protection as 10 the discharge of duty. Whatever ob- etructs him, or degrades him, and pre- vents fearless discharge of duty. neees-