Ottumwa tri-weekly courier. [volume] (Ottumwa, Iowa) 1903-1916, 1906-12-27
LYNCHINC HELD
TO BE CONTEMPT
SUCH is THE HOLDING OF THE
UNITED STATES SUPREME
COURT
Decision is Read by Justice Holmes
Case Grows Out of Proceedings In
volvine Sheriff shipp of chatta-
noosa, Tenn.

Washington Dec. 25.-The supreme
court Of the United States in a decree
issued yesterday showed clearly its
Intention that persons guilty of lynch
ing shall be punished
The court holds that lynching when
the case is still pending is contempt
of court and punishable as such. The
decision was read by Justice Holmes.
The case grew out of contempt pro-
ceedings against Sheriff Shipp of Chat
tanooga, Tenn, and twenty-six other
persons who were blamed for the
lynching of negro named Johnson
last winter, either for failure properly
to safeguard the negro or with having
hand in the murder themselves.
Defied Stay Of Execution.
The question came before the court
in contempt proceedings. The negroes
lawyer secured stay of execution
from United States CIRCUIT court for
his client, who had been condemned to
death. A mob thereupon was formed
and broke into the Jail, lynching the
negro.
1t was violation of this order that
constitutes the contempt of court.
Probably the most important point
raisel by the attorneys for Shipp and
his co-defendants was objection to the
courts assumption of jurisdiction in
Johnson's case.
Court Has Jurisdiction.
On this point Justice Holmes said:
Even il the circuit court had no
jurisdiction to entertain Johnson's ap-
peal and if this court had no jurisdic-
ton of the appeal, this court, and this
court alone, could decide that such was
the law. 1t and it alone necessarily
had jurisdiction to decide whether the
case was properly before it. On that
question at least it was its duty to per-
nit argument and to take the time re-
quired for such consideration as it
might need. Until Judgment declining
jurisdiction should be announced 1t
had authority from the necessity of the
case to make orders to preserve the
existing conditions and the subject of
the petition"
Denies Purgina of Contempt.
that the defendants had purged them
selves of contempt by their sworn
statements that they had not been par
Elephants in the murder of Johnson,
which the court did not accept.
ut had been suggested" Justice
Holmes proceeded, that the court is a
party and therefore leaves the fact
to be decided by the defendant. But
this is mere afterthought to explain
something not understood. The court
is not a 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 his
tory OF the motion. 1t may be that
it was an intrusion or perversion of
the common law, as is suggested by
the propoundings of interrogatories,
and the very phrase 'purgation by
OATH If SO it is fragment of a sys-
tenn Of proof which does not prevail in
theory or as 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 If the sole question
were the intent of an ambiguous act
the proposition would apply. But in
this case it is the question of personal
presence and overt acts. And when
the act alleged consists in taking part
in murder it cannot be admitted that
a general denial and affidavit should
dispose of the case"