The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1904-06-03
What rs Contempt of Court?

What Is Contempt of Court'
About two years ago when a Virginia
Judge erraigned a Virginia editor IN
contempt proceedings, because the editor
had harshly criticised the action Of the
Judge, the question was much discussed
IN this State as to the rights OF an
editor under that provision Of the Con-
stitution guaranteeing the freedom OK
the press and the right OF judge to
fine an editor or any other person Tor
contempt OF court. The question has
again arisen. am, Is much discussed IN
connection with the recent act of Judge
Purnel of the United States Court OF
North Carolina. for imposing a heavy
fine upon Mr.. Josephus Daniels. editor OF
the Raleigh News and Observer, Tor
critic,s,ng the act OF the judge in ap-
pointinG receivers for the Atlantic and
North Carolina Railroad.
The Virginia Judge after issuing the at
tachment decided that he had no author
,tv of law to fine the editor for contempt
and dismissed the case Judge Purneli
=
OF $1,000 upon Editor Daniels.
II IL not.sense to say that the official
conduct Of a Judge is beyond CRITICISM.
and that he has the power under the
law to punish in contempt proceedings
any editor or other person who may
crticise him as a Judge or as a man.
The power to punish in contempt pro-
ceedings is given to the Judge not for his
personal protection. but for the protec-
ton Of the court over which he pre-
sides.
Section s7es OF the Code OF irginia. pro-
vdes: 1.-THE courts and judges may issue
attachment for contempt and punish
them summarily. only in the cases fol-
lowing:
First, mlsbehavior in the presence Of
the court, or SO near thereto as to
ohstruct or interrupt the administration
OF justice;
Second, violence or threats Of violence
to a. Judge or officer of the court, or to
a. Juror, witness. or party going to, at
tending or returning from the court. for
or in respect OF any act or proceeding had
or to BIO madam such court:
Third. mikbehavior of an officer OF the
court in his official character.
Fourth, disohedience or resistance OF an
officer OF the court, Juror. witness, or
other person. to any lawful process.
Judgment. decree. or order Of the said
court.
Section 725 OF the revised statutes OF
Ga pdop rul,
Purnell is proceeding in tho Daniels case.
provides: THAT the said court shall have
mower to impose and administer at the
r.iscretion Of the court oontempts Of their
authority; provided that such power to
punish contempt shall not be construed
u, extend to any cases except the mis-
behavior OF any person In their presence.
or so near thereto as to obstruct the
administration of Justice; the inisbe.
havior OF any OF tho officers OF said
court In their official transactions; and
the disobed!ence or resistance by any
such officer or by any party, Juror. Wit
ness or other person TO any lawful writ,
+ process, order, rule, decree or command Of
the sa!d court"
~ the court and in all trials before him to
see that the proceedings are regular and
orderly and in accordance generally with
law. and that the ends OF Justice, 20
far as In his power lies, are subserved.
II while the trial Is progressing there
should be misbehayior In court or near
the court, on the part OF any person; "
there should be misbehayof OF an officer
OF the court in his official capac!tyi II
there should be dlsobedlerce or resistance
O! an Officer of the court. juror, or wit
ness, or other person to any lawful pro-
cess Judgment, decree or order of the
court; or II there should be violence or
a threat OF violence TO a Judge or officer
OF The court; II there should be
criticism OF the Judge calculated to brins
the court into contempt. any such act
would tend to interfere with the proceed
ings OF the court AM defeat the ends OF
3uEtice, and the Judge Is, therefore. en-
powered 10 arrest and snmmarily punisn
the offender II Is related that the Judge
of North Carolina court was once dis
turbed by flock OF geese. which were
feeding In thu court yard. He made
several attempts In vain to get rid OF tn,
nuisance and finally summoned tn.
owner OF the geese before him Is con,
tempt proceedings and threatened to pul
him in JAIL II he did not remove the
sesas ana keep than tst enc Ugh away U