The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-06-03
JUDGE PURNELL OVERRULES
THE SUPREME COURT OF THE
UNITED STATES.

JUDGE PURNELL OVERRULES
THE SUPREME COURT OF THE
UNITED STATES.
Wen Judge PurnelI decided that he
would not dismiss the contempt pro-
ceedings against JOsephus Daniels and
adiudeed that he had not purged him.
self of contempt of the court and fur
Their adjudSed that he had juriS-
dictiOn to try and punish Josephus
Daniels for an alleged contempt OF
court not covered by section 725 of
the Revised Statutes of the United
States, his attorney, Judge X. W. Win
ston. at once arose to his feet ana
stated to the court that the respond
ent desired to appeal from the order
and JUDGMENT Of said court to the
Circuit Court of Appeals sitting I'm the
city of Richmond. Judge Purnell re-
piled with great asnerity and short
ness, Judge Winston no appeal lies
i'm cases of this kind" .Thereupon the
respondents counsel further said,
"NIay it please your Honor, we ask
your Honor to fix the bond i'm this
case to which the court retOrtcd
with equal asperity and tartness, ''Thc
Court refuses to name any bond and
the respondent is ordered into the
custod of the United States Marshall,
there TO be held and detained until the
fine and all costs are paid? The re-
spondent's counsel thereupOn except
ed to the order and judgment of the
from the sentence imposed upon his
client and also to the refusal of his
Honor to fix the bond for said appeal.
At the same time the respondents
counsel. Judge Winston, further stated
to the Court that he held i'm his hand
two cases and the Acts of March
3rd 1891, which. if his Honor would
permit him to do, he would read to
the Court, authorizing and directing
an appeal i'm contempt proceedings oil
the kind then being tried. Judge Pur-
nell at once replied, 1.-THE Court dc
sires no further argument Of the ques-
ton and refuses both notions.
The Actcreating the Circuit Court oil
Nppeals OF the United States, which
was passed III the 3ra div III Marc II
1891: but the attorneys for the re-
spondcnt hal not been able. after the
most dilsa.nt research, to Gni more
direct authorit, than the two eases
above referred to. Tile Ac: itself,
however. creating the Circuit Court of
Appeals, is - plain that u bare peru
sal of it must lave C .nvince,I any in-
partial mind that he refusal Of an
appeal i'm eases OF ti.at kind WAS Ia
grant violation of the laws of The land
and a gross Infringement Of i1e ri.t is
of the citizen, for the Act Of Narcn
3.d, 1891, establishing the Circuit
Court of Appeals, expressly gave to
such Court jurisdiction over cases OF
infamous crimes i'm addition to that
which il heretofore had in capital
eases. and by section 6 it gave to tho
Circuit Court of Appeals appellate jn-
ristliction to review by appeal or WIFI
of error all decisions in the Dlstflct
Court and the existing Circuit Courts
i'm all cases other than provided for
i'm the preceding section and there
after said Act provides that the dc-
cision of the Circuit Court of Appeals
shall be final In all cases arising un-
der the criminal laws. Any Judge
who would have listened to the bare
reading of the Act creating the Cir
cult Court of Appeals, must have ar
rived at the conclusion that an appeal
would lie i'm contempt proceedings,
for the Supreme Court of the United
States had repeatedly held that con-
tempt proceedings were criminal in
their nature.
By some kindly Providence, just ut
this juncture i'm the affairs of Jose
phus Daniels and of the great inter-
ests of the State of North Carolina
which he is seeking to guard and pro-
tect. the Supreme Court of the Cnued
States has handed down an OPT ion
dated May 10Th, 1904, entitled ed
ward L. ResSette VS.. w. B. CDnlScy
Co.." in which ii is held plainly, clear
IN. Enthusiastically and boldly that an
appeal lies from the Circuit or District
Judge i'm contempt proceedings to the
Circuit Court of Appeals OF the United
States. The opinion of the Supreme
Court i'm that case is q unanimous
one, and is delivered by Mr.. Justice
Brewer The authorities are collated
and disested. The Act of March Bird
1891. establishing the Circuit Court of
Appeals. is construed and it is declar-
are peculiar in some respects and are
rightly styled sui generis. that they