The Birmingham age-herald., 1907-08-22

ders of the court It is q time when press and pulpit and bar should speak out for the orderly observance of the law of the land and preach the doctrine that if CT TOTS are committed in it's administration and the court is sure none has 1seen committed here, that the remedy Is by appeal and not be resort to brute force. Unspoken thought influences no man, but the spoken thought forms public opinion and governs the community. To those who will not listen to reason, tho court comments to them the language of the supreme court of the United States: We hold it to be an uncontrovertable principle that the government of the United States may, by means of physical force, exercised through it's official agents, execute on every foot of Amer lean soil, the powers and functions that belong to 1t. This necessarily involves the power to command obedience to is laws and hence the power to keep the peace to that extent. This power to en- force it's laws and execute it's functions
 in all places does not derogate from the power of the state to execute It's laws at the same time, in the same places. The one does not exclude the other, except where both cannot be executed at sne same time. Tn that case the words of the constitution itself show which is to yield. This constitution and all laws which have been made in pursuance thereof shall be the supreme law of the land. Without the concurrent sovereign ty referred to, the national government would be nothing but an advisory gov- ernment. Its executive power would he absolutely nullihed. Why do we have marshals at all if they can not physical ly lay their hands on persons and things in performance of their proper duties? What functions can they perform if they nOf Tn esses or the court, must they call on the nearest constable for protection? Must they rely on him to use the requisite compuislon to keep the peace while they are soliciting and entreating the parties an bystanders to allow the law to take It's course? . The government must execute it's powers, or it is no govern ment. It must execute them on the land as well as on the sea; on things as well as persons, and to do this it must neees- sarly have power to command obedience, preserve order and keep the peace. Let no man deceive himself. The whole pow CT of the government will be used, IT needed. to enforce the orders of this court and to punish those who may defy them.
 Charges Diligence.
 'T charge you diligently to inquire and true presentment make of every offense which may be laid before you or brought to your knowledge concerning resistance to the process of the court or efforts to obstruct or impede the due administration of justice in these cases. The revised sta- tutes upon the subject are as follows:
 Section 539S: Every person who know ingly and wlfully obstructs, resists or opposes any officer of the United States in serving or attempting to serve or ex- ecute, and mesne. process or warrant, or any rule or order of any court of the United Sta ties. or any other legal or judi cial writ or process. or assaults, beats or wounds any officer or other person duly authorized. in serving or executing any writ, rule. process. order or warrant, shall be imprisoned not more than twelve months and fined not more than three hundred dollars.
 Sec 5399-Every person who corruptly or by threats or force. endeavors to in huence intimidate or impede any witness or officer in any court of the United States in the discharge of his duties, or corruptly or by force or threats, ob structs or impedes or end>avors to ob- struct or impede, the due administration of justice therein, shall be punished by a fine of not more than five hundred dol lars, or by Imprisonment not more than three months, or both"
 The inevitable result of an arrest in de- fance of the orders of this court of any person under protection or IFS orders ln- evitably leads to obstruction or impeding of the due administration of justice in this court in these cases, and the person guilty of it Is indictable under section 5399 These penalties are quite apart from those prescribed by 725, which gives the court power to punish by fine or mpris- onment at discretion, contempts of their authority, and which provides. among other things, that such contempts shall consist in the disobedience or resistance by any officer or party, jury or witness, or other person, to any lawful writ, pro- cess, order, rule, decree or command of said court, and to any misbehavior, | though not in the presence of the court. If so near thereto as to obstruct the ad- mlnistratlon of justice. The fact that a party may be dealt with summarily by the court presents no reason why he should not be indicted for violation of Its 1 orders s