Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1907-11-02
PORTLAND COURT SENSATION.
Continued from Page One.)


is not confined in it's jurisdiction to the
powers of an inferior court, for In the
charter of this court it is specifically pro-
vided that said court can punish for con-
tempt and compel attendance rs with the
superior court. This has bearing only be-
cause Brother Frank stated that this was
an inferior court and therefore that COLI
tempt was punishable only at regular
session of the court. ! contend that TINS
court has all the power Of a. supreme
court in this respect.
There are two kinds Of contempt, d.
rect interference in the face of the court.
and indirect or constructive contempt in
the absence Of the court"
Attorney Whitehouse then quoted from
Bishop on Common Law in which the au-
thor states that on the question Of con-
TEMPT, he sees no difference between pres
ent or absent whenever any obstruction
is laid before the court.
INV contention all through" continued
Mr. Whitehouse, lis simply on whether
justice was INSTRUCTED and embarrassed
If contempt of this sort cannot be pun
ished by the modes employed it cannot
cedure. In this case 1 hold that the course
OF justice in the municipal court of the
city of Portland was seriously obstructei
and embarrassed while the court was in
session. If 1 apprehend what contempt
means it is contempt at n time when 4
court sits for business which is a ses-
sion.
Now the facts in this case are that the
act took place when the court was indeed
engaged in the transaction of business.
Judge Hill stated that the court had ad-
iourned until 80 p. NJ, but County At
forney Connolly desired first, to mol pros
several cases, the very case for which adj
Journment was postponed that was mol
pressed on the request of the county at
torney. 1t seems to me that before the
maj adjournment of the court that it is
customary for the court to say: NO fur
Their business before the court Which the
officer or court crier repeats in loud
voice. This was not done and it is plain
that there was not n formal adjournment
on the day in question.
1T is also true that on some occa-
si"ns court adjourns by departing
from the building. but T submit that
until this occurs the court is not adj
Journed. In this case while still Their,
in the court room business was being
carried on by the orders Of the Judg..
ana the recorder was discharging 9TH
err respondents by his order He was
therefore still engaged i'm the court
room. While part of the business had
taken Tlace. there was still part of II
to be transacted. The major part Of
Mr. Connolly'S conversation was before
the court had left. so that we contend
that contempt was committed during
the session of the court
ANOTHER principal is that mere re-
cess from one day to another or even
an adjournment does not deprive the
court of the right to take coSnizancc
of either insults or contempt, either in
the building. in the corridors, the ante
rooms or the steps. Quoting from
Bishop again. "recess or adjournment
for a day does not dissolve court
Attorney Whitehouse then quoted sew
eral other authorities bearing on the
ST mcsubject and continuing said. ''if
every man were allowed to enjoy the
liberty that this man has, what would
be the consequences? What position
would it leave the judge in if the news
should go out. that whether cut or in
court lie can be addressed in this way?
All this haniperin@ and embarrass-
ment is without redress if il is not
contempt. Judge Hill owed it to him
self as a man and to his court to
take cognizance of it. No self-respect-
| ing man would pass it over. This case
effects not merely the municipal court,
| but all courts"
In concluding, Attorney Whitehouse
for tho first time during his speech
became sarcastic when he asked if the
court should be allowed to be con-
Quoted in a rough house manner, as
beer gardens and squabbling arenas
where sore headed attorneys came TO
air their grievances.
I'm presenting this case" said Judge
| Foster, where the rights of citizen
are involved, shall quote to the court
| not only decisions in this and other
| countries which have been considered
Il from the highest authorities wherever
Il given, but shall make use of facts.
II which my distinguished brother who
II talked over an hour on law. omitted.
This Eeirg an inferior court moth
II ing is to be taken by assumption. The
II facts must be proved. not assumed.
The general power OF inferior courts
II limits contempt to acts committed in
II the face OF the court. faciae curiae. An
II inferior court is vested with powers
II granted by statute only. We shall hold
II hat whatever might be contempt before
II a supreme or superior court is no,
necessarily contempt in an inferior
II court unless in the face of the session
III Judge Foster then quoted chief JUS
tees of the Queens bench of the Eng
ii lish court. one of whom said that con-
ii tcmpt in an inferior court must be com
III nlittcd in the face of the court and tina!
| if outside there We're other remedies fol
the court.
There is no case on record where an
III inferior court of record has authority
| to proceed out of court. This is the
law in every state in the Union and
ii every civilized country in the world
III There are several courts which, by
statute, are given especial powers for
III punishment of contempt, notably the
Il supreme court and the superior courts
of thi, county and kennebec.
l 70 in, Ia IN