New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1912-04-28
JURY TRIAL FOR CONTEMPT
House Gets Favorable Report on
Bill to Limit Courts.
rFrom The Tribune Bureau

Washington. April @7.-The Clayton bill
providing for jury trials in cases OF Indirect
contempt of court was favorably reported
70 the House to-day by the Committee on
Judiciary. II is generally recognized that
the bill contemplates substantial ninlta-
ton Of the powers of the courts. ana Is
bid hv the Democrats for the labor vote ID
the approaching campaigns.
I Under the provisions Of the bill such IN
stances of contempt as have been charged
against Samuel Gompers. Frank Morrlson
and John Mitchell, Of the American red
Grafton Of Labor. I'm the famous BUCKS
s,ove cases hereafter would be subject 70
decis,on hv Jury instead of the federal
| courts. The CLAYTON bill altogether Is one
NJ the most radical propositions yet offered
| to limit the powers of the courts.
,rbo bin nrovides that before action by
| .ho court IN cases Of indirect contempt,
| which is construed to mean contempt ho'
! sctual,v committed in or near the court
! except In the cases excepted from l"e
| o,arat,on of the bill. there must be pre-
| scented a formal charge showing reasohap'e
| ground. and before the party Is put upoi'
trial he must be afforded an opportnn'lS W
| ruree himself of any actual or techiiloa'
| contempt which ne may have connm't'eu'
| Tho report ADDS that the party cannon
ia arrested until he had had opportunity
either TO purge himself or to make answer
and has refused to do either,
| rho excepted cases. where trial may he
| had bv court and not by jury, are sl'o" d.
| follows:
The trial nv the court ~ in case no Jury
J he demanded by the accused. 90 " 'ne CoIi
t.mpt be in the presence or Inc C1uht ~.
near thereto as TO ohstrnCi me du !ir, 10
| ZION of Justice. or 81, II the contempt nT
! charged ~ he I'm diSobedienCe OF any law.
writ order process, rule or deere, vi ,W.
! mand entered In any suit or a'Llou " hobaIf
| or prosecuted In the name OF or IN "tii e., -
! Of the United states. III o'"''
| trial is 20 be by jury.
The report says the bill is an 'Vo'uu""
! from prolonged and various ois'"s''''''
! Every feature and provision ~ the nedS'
urc. II IS said. has been subject 10 d''a'"
and defence but tho whole Controversy
appears to have at length conVerged uP"'.
the Issue of whether or not the pohcS anu
practice of jury trial In contempt c"9''
shall be admitted in the federal )uriSpru-
denCe at all
The mower of Congress to prescrlbe pro
cedure in federal courts is discusseo DIV
length in the report, which says:
! II is a matter Of general and common n
| lnou,iedgo thai complaints have been mace
| I'D irritation has arisen out of the trlal
! Of contempt in the federal courts. !ha re
! charge most commonly made Is mat me
cn'rtS under the equity power, nave IN
yaded the criminal domain and, under IN"
| cIIise Of trials for contempt, nave rear ~
Convicted persons Of substantive crli heS Sa
| which. if indicted. they would have hau 'hc
constitutional right of trial by jury.
There will doubtless be much opposition
20 his Hill from those who regard the
nouer If the courts to punish for contempt
u,thopt trial by Jury the surest and prac-
! tlcally the only assurance that uecier
granted as a result Of antitrust SUITS VIII
be respected.