The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1906-12-25
SH|PP AND OTHERS
FOUND IN CONTEMPT
Supreme Court Decides Ad-
verseIy in Chattanooga Case
TESTIMONY TO BE TAKEN
Justice Holmes Announces That With
the Preiminaries Disposed of the
Court viii Proceed With
the Prosecution.

Washington, December 24.-The supreme
court today decided adversely to the de-
fendant in the preliminary questions in
volved in the case of Sheriff Shipp and
twenty-six others of Chattanooga,
charged with contempt for the supreme
court in lynching negro named Johnson
after the court had taken cognizance of
the case The opinion was handed down
by Justice Holmes, who announced that
with the preliminaries disposed Of the
court would proceed with the prosecution.
He did not say when the next step would
be taken.
Jurisdiction Is Maintained.
Probably the most important point
raised by the attorneys for Shipp and his
co-defendants was objection to the
courts assumption of jurisdiction in john
sons case. On this point, Justice Holmes
said: Even If the circuit court had no
jurisdiction to entertain Johnsons appeal,
and If this court had no jurisdiction of
appeal this court and this court alone
could decide that such was the law. 1t,
and 1t alone, necessarily had reason to
decide whether the case was properly be-
fore it. on the question at least II was
its duty to permit argument and to take
the time required for such consideration
as it might need. Until judgment declin-
ing jurisdiction should be. announced, it
had authority from the necessity of the
case to take orders to preserve the eX-
istng conditions, and the subject of the
petition just as the said court was bound
to refrain from further proceeding until
the same time. The fact that the petit
4 f1n1 fn en-
shows what needs no proof, that the law
contemplates the possibility of a decision
either way, and therefore might provide
for it,"
lie also dealt with the contention that
the defendants had purged themselves OF
contempt by their sworn statement that
they had not been participants in the mur-
der of johnson, which the court did not
accept.
A Mere Afterthought.
"It had been suggested" Justice
Holmes proceeded, that the court is n
party, and therefore leaves the fact to
be decided by the defendant. But this Is
mere after thought TO explain some-
thing not understood. The court Is not
party. There is nothing that affects the
judges in their own person. Their con-
Germ is only that the law should be obeyed
and enforced and their interest is no
other than that they represent in this
case. In tllS OccdSlDH we Will not 20
into the history of the motion 1t may
be that it was an Intrusion or perverson
of the common law as is suggested by
the propoundings of interrogatories and
the very phrase puration by OATH. If
! so it is a fragment of n system of proof
which does not prevail in theory or a
whole and the reason why it has not
disappeared perhaps may be found In
the rarity with which contempts occur.
1t may be that even now IL the sole
! question was the intent of an ambiguous
test the proposition would apply. But in
this case, it Is the question of personal
.presenee and overt acts. II the presence
and the act should be proved there would
be little room for disaVowal of intent
When the affidavit alleged consists fn
taking in part of murder, Il cannot ba
admitted that general denial made
d afterward should dispose OF the case. The
outward facts matters known to
many and they will be ascertained by
testimony IN the usual way
Justice Holems also announced the con
clusion OF the court that the lynchng
constitutes a contempt. On that point
he said:
Act Constitutes Contempt.
Tho question was touched in argu-