The Cairo bulletin. (Cairo, Ill.) 1???-1928, 1906-12-26
WAS AN
ACT Of CONTEMPT
SUPREME COURT DECIDES THAT
1T HAD JURISDICTION IN
CHATTANOOGA CASE.
BLOW TO TAE SHERIFF
Who Must Face the Consequences AS
a. ResuIt--RuIing is Against the
Officers Who Failed 10
Save Negro.

/ Washington Dec. 25.-The supreme
court has decided adversely to th'
/ defendant the preliminary questions
/ involved in the case of Sheriff Shipl
and 2G others, Of Chattanooga, Tenn.
charged with contempt for the su
preme court in connection with the
| lynching of negro named Johnson
afte. the court had taken cognizaac.
O. the case
The opinion was handed down by
Justice Holmes, who announced that
with the preliminarfes disposed Of
the court would proceed with the
pre secution. He did not say when the
next step would be taken.
Probably he most important point
Iiaised by The attorneys for ShipD and
his co defendants was objection 20 tho
courts assumption Of Jurisdiction in
johnson case. On this point Justice
Holmes said;
Even if the Cirucit court had &c
imisdic ion 10 entertain JChnson's ap
peal, and if this court had no jursdic'
on cf the appeal, this court and this
court, alone could decide that such
was the law II. anG 1t alone, noces-
sarily lad jurisdiction whether tn
case was properly before il, On that
oucs ion. at least. it was its duty to
permit argument and TO take the time
required fer uch consideration as it
N eht need Until Judgment declining
jurisdiction on it was announced II
has authority, by the necessity of the
case. 10 make orders to relieve the
existing conditions anu the subject
of the petition, just as tne said court
was bound to refrain from further
proceed ng untl the same time. ..s
Has Authority to Argue.
"The fac that the petitioner was
entitled to argue his case shows what
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 puged them
selves of contempt by their sworn
statement that they had not been par
Elephants in the murder of Johnson,
which the court did not accept.
1T had been suggested, Justice
Holmes proceeded, that the court Is
a party. and therefore leaves the fact
to be decided by the defendant Bur
this is mere afterthought to explain
something not understood. The court
is not Il prtv There is nothing that
affects he judges in their own per
son. Their Nncern is only that the
law should be obcyed and enforced.
ana their interest is no other than
that they represent III every case On
thi. occasion we shall not 80 into the
history of he motion. It may be that
IT was an intrusion or pervers'on OF
the common law as is suggested by
the propoundings of intcrlogatorics
and the very phrase, "purgation by
oath"
Such Cases Are Rare.
If SO. it is a fragment Of a system
of proof which docs not p.cyail in
theory and the reason why it has not
perhaps may be found in
the rarity with which contempts oc-
cur. It may be that even now. If the
sole question was The intent of an
2mligu.us act the proposition would
apply Ru' IN this Gaze n is the quc5
ton oi pc. oual presence and overt
acts. If the presence and thu acts
should Ic proved there would bc little
room for a disavowal Of intcat And
Nhcp the act alleged consists in talk
ng pau in mUder !, cauno. De- al
mittcd that a general denial ard an ~
lavt should dispose Of the case. The
outward facts are matters known 10
many. and they will be- ascertained by
c.timony iu De usual way"
Justice Holmes also announced at
he conclusion Of the court that the
vuchinr constituted a contempt. o.
hat noin he said;
"The question was touched IN arcr-
rcnt whether tfs acts charged con
,ututc "a contempt.
Lynching Was Contempt.
We are Of oO'nion that hey DC.
md that thoir character does not dc-
IenI ou q nice inquiry. whether affr-
ne orde by th'= court the sheriff
zas to De- regarded a. bailee ~ .he
-nitcd Stafes or stiH held prisoaer in
DE- name of the state a'3nc Either
ysy. 'he rider suspended further pro
.cedings by the state against The
,r soner and required ths' he sh-ui .
be- ~. Incoming 20 abide the further I
rider of This court II may De found F.
bat what created the mob and Jed I
% the crime was tn Uuwi'liu-uess .
4 ifs members fo submit TO the fel-y I
eaui1ed for the delay of themhhh 1
eou1red for the rial of the appeal I