The Birmingham age-herald., 1903-01-10
COURTS POWER IN
 CONTEMPT CASES Judge Jone's Decision in Me- Leod Case Far Reaching NO RECORD OF LIKE CASE In Case In Question Assault Was Made On U. S. Commissioner Long After
 the Case Had Been Decided.
 Contempt Just the Same.
NO RECORD OF LIKE CASE

Montgomery, January g. = Especially = Judge Jones of the United States Dis trict court today rendered his opinion in the case ex parte Mcleod, in which he discusses at length the question of the courts power to punish for contempt and reaches conclusions that are of profound importance, not only to the bar but to the public. The opinion is lengthy, and goes not merely to the particular inci- dents of the case in point but to the whole subject of the contempt power and the reasons which lie at the bottom of its existence. In June, 1900, A. N. Me- Leod was held by United States Com- missioner G. B. Randolph at Anniston to answer under bond for violation of sec tion $40 of the Revised Statutes In Oc- tober of the same year he assaulted Ram doph on the streets for having him put under bond. Two grand juries met and ignored the assault and the third indicted Mcleod under section 5399 of the Revised Statutes, designed to prevent obstruc- tions to the administration of justice. Coming on for trial last September Me Leod demurred to the indictment on the ground, In substance, that in the case before Randolph justice had been con- cluded so far as Randolph was con cerned. and the assault related to some thing in the past, and could not, there fore, obstruct justice In his particular case.
 Demurrer Sustained.
 Judge Jones sustained the demurrer on his construction of the section under which the indictment was found. and an- nounced that he would later t.ke up the question whether Mcleod is punishable for a contempt.
 In the opinion rendered today he lays down the law with extreme clearness and precision that the assault by Mcleod was contempt of court and punishable as such. He concludes, however, that as the offense has long passed, that as the de- fendant has been subjected to prosecution and as friendly relations have been re- sumed between him and the commission CT, no good would ensue from the exer- else of the power at this late day, and hence Mcleod will not be punished. The judge by this conclusion renders 1t un- necessary to decide the question which he himself raises as to the power of the court to go back In point of time behind three grand juries and terms of court to revive contempt which the court at the time had ample power to punish but ig- nored.
 No Similar Case on Record.
 In none of the reports Is there a case where the facts and circumstances pre- csely fit this one, though there are many involving the same general principle. Hence the conclusion Is reached not by citing authorities but by applying princl- pies to the particular case in hand After discussing the fundamental principles un- derlying the power given courts to pun ish for contempts of their authority, Judge Jones says this power in all It's full ness was transferred from the mother country to these shores and exists now except as modified either by the nature of our institutions or by statutes As the courts of this country exercise DOW CTS beyond what Is known in monarchcal countries even to the setting up or talk ing down of the executive, there Is no reason why their power to protect their dignity and authority should not be as ample. The statutes will leave 1t to the discretion of the courts to determine what Is such an obstruction to the ad- mintration of justice as constitutes a contempt, and he reaches the conclusion that assaults, or other acts of intimida- ton or violence committed against a judicial officer for past acts of his, are quite as subversive of the respect, free dom, independence and dignity of courts as If committed during the progress of a trial. Nor does the time or place or dis tance from the sitting of the court mat ter The question involved is, does it interfere with the officer in the free and untrammelled exercise of his duties and functions in the general administration of justice.