The semi-weekly messenger., 1906-12-28

SeA t1icu~2iNt~ Oh Contempt Dy
Sworn Statements Thai They Had
Not Participated in the Lynching.
Washington. December 24.-The SD
precac court today decided advevsal;
To The defendants the preliminary
questions involved III the case Of
Sheriff Shipp and twenty-six Others If
Chattanooga, Tenn, charged with con
tempt for the supreme court III
Jynchin negro named Johnson after
The cop had taken cognizance Of the
case, he opinion was handed down
by il :tice Holiness who announced
that ! ith the preliminaries disposed
of the court would proceed with the
prosecution
Probably the most important point
raised by the attorneys for Shipp and
his co-defendants was objection to the
courts assumption of jurisdiction in
-Johnson's case. On this point Justice
Holmes said:
Even if the court had no jurisdic-
tion to entertain Johnson's appeal and
if this court had no jurisdiction Of the
appeal, this court, and this court
alone, could decide that such was the
law.
1t and it alone necessarily had ju-
Tisdfction to decide whether the case
was properly before it, On that ques-
tion at least it was it's duty to permit
argument and to take the time re-
1uired for such consideration as t
aifT11t Ioti ind Sayot 40
clining jurisdiction should be an
IlOl1need, it had authority from the
necessity Of the case to make orders
TO preserve the existing 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 petitioner was en-
tltles TO argue his case shows we'll
needs no proof, that the law contem-
plates the possibility of a decision,
either way, and therefore might pro-
vide for it."
He also dealt with the contention
that the defendants had purged them
selves Of contempt by their sworn
S'..'rElent that they had not been par
.Gnts in the murder of Johnson
Wi .ch the court did not accept: "It
proceeded, that the court is party
and therefore leaves the fact to be
iecided by the decedent. But this is
II mere after thought to explain some
thing not understood The court is
not e party There is nothing that
affects the judges in their own per-
son. Their concern is only that the
law should be obeyed and enforced
and their interest is no other than
that they represent in every case. On
This occasion we shall not go into the
history Of the motion. 1t may be that
it. was an intrusion or perverSiOn of
the common law, as is suggested by
the propounding Of interrOgatories
and the very phrase 'purgation by
oath. If so, it is fragment of a sys-
tenn of proof which does not preya:I
in theory Or rs Il whole
Justice Holmes also announced the
conclusion of the court that the lynch
ing constitutes contempt. On that
poiRt he said:
The question was touched in argu-
ment, whether the acts charged con-
stitutes a contempt. We are Of Opin-
ion that they do and that their char.
:lcter does not depend upon II nice ir-
quiry whether after the order made
by this court. the sheriff was to be
regarded as bailee of the United States
or still held the prisoner in the name
of the state alone. Either way, the
order suspended further proceedings
by the state against the prisoner and
required that should be forthcoming to
ahide the further order of this court.
tt may be found that what crea ated
the mob and led t othe crime was the
lrnwillingness of its members TO sub
nit to the delay. required for the trial
OF the appeal. From that to the intent
to prevent that delay and the hear
ing of appeal is a short step. If
that step is taken the contempt is
proved. These preliminaries being
settled, the trial Of the case may pro-
ceed.''
No announcement was made as 10
how further proceedings Of the court
will be conducted, but it is probable
that a commissioner will be appointed
IN fake testimony