The labor world. [volume] (Duluth, Minn.) 1896-current, 1913-02-08


SOME MORE "CoNsTRUCTIvE CONTEMPT"
The American Federation of Labor. ever since the
courts began to issue njunctons in labor disputes
to sentence workipgmen to jail without trial by jury
for violations Of court orders, has been seeking the
passage of law in congress defining what is known
as constructive contempt and giving to all persons
accused of such the right of trial by jury.
Until quite recently representatives of labor have
almost solely suffered persecution from constructive
tempt of court. Judge Taft sent railroad engineer
to jail in 1892 for quitting work contrary courts
order. Eugene v. Debs spent ninety days in Wood
stock Jail because the court believed that Mr.. was
in contempt of his ukase.
The ails of the country have been filled at times
with workingmen because of some imaginary real
violation Of the orders of the The last big labor
case was the conviction of Gompers,. Mitchell and
Morrison by Justice Wright of Washington, for the
supposed violation of restraining order against the
American Federation of Labor issued by Justice Could
Lately the courts have grown holder in their usur-
patton of power, and Idaho editor was to jail
for publishing telegram from Theodore Roosevelt
crtcsng the courts of that state for refusing permit
the of the Bull Moose presidential electors to be
printed the ballot. The victim is the editor
and owner of the Kansas City Star, we'll known re-
dictionary politician, for criticsng the
it's ruling in certain divorce These latter con-
victons have aroused the ire of the nation and the
question is asked: whittier we drfting?"
Are the American people calloused? Away back
in 1880 James H. Peck United States district judge
attempted to just such power the courts
taking unto themselves, and he was promptly i'm
peached by congress-
The speeches delivered by prominent members of
congress during the impeachment trial of Judge Peck
should be printed and circulated generally throughout
the country today. reading OF them might serve
good purpose in arousing the people from their ehargy
James Buchanan, then member of the house of
and afterwards President Of the United
States was led at the time to make able sane
speech delivered in congress. That por-
ton of it that had to do with constructive contempt
could we'll be memorized by every judge in this
country.
"1n England said he, "there are two kinds of such
contempts; the direct the other constructive
necessity the power to punish direct contempts in
summary manner must exist in every court of justice
Constructive contempts are in their very
nature, of different character, and under free
government will be viewed with jealousy and
picion The trial of such contempts, in a summary
manner deprives the accused Of the protection of
both the judge and the avenger of his own wrongs.
Is not this power, in it's very nature, re-
voting to every freeman? Judges do not cease to be
men when elevated to the bench. They are still but
fra human creatures. Is it not then a dangerous a
tremendous power, to make the Judge in his
own cause of contempt committed against himself,
and under excited feelings to limit him, in
of the punishment only by his and his
of justice? Arbitrary discretion thus takes the place
of positive law"