The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-05-27
LOWER TRIBUNAL
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first tlmei the District Of Columbia,
and probably in the entire country,
that an inferior court has thus com
planned to the Supreme Court of the
United States of the treatment ac-
corded by tribunal empowered to
hear and determine appeals from the
judgments and DEGREES of the inferior
court.
The filing of the petition came as
distinct surprise, not only to the
labor leaders, but to their counsel
Although Chief Justice Clabaugh
took no part. because of illness. in
the hearing and determination OF the
with his associates that the CAurt of
Appeals has no power to gauge the
extent of the alleged contempt OF the
District Supreme Court or to name
the punishment to be meted out by
the offended tribunal. and SO joined
in signing the application for a writ
of certiorarf
OF Great General Interest.
1.-The jurisdiction thus assumed by
the Court of Appeals is not only de-
parture," reads the petition of the
lower court, from it's own repeated
adiudcations upon the question in
volved (Gompers VS.. Bucks Stove and
Range company, 3S App, ID. c., 516,
SIT; Pierce vs. United States, 81 App,
D. c., 582. 5S7: Raymond VS.. United
States, 26 App. ID. C., ESQ, 257), but
, Is one OF great general interest and OF
| far-reacffifig IMPORTANCE and effect;
since. IL correct It. not only makes
sentence imposed by this court in
every case OF either a criminal or OF
a quasi criminal nature appealable to
| the Court of Appeals, but takes from
/ this. court. and from all other courts
/ OF similar character. the summary
| power to enforce their orders and de-
crees, and to vindicate assaults upon
them, which have hitherto been held
| inherent in and necessary to the exis-
| tence of all courts, and postpones, IL
| sustained the prompt and necessary
| assertion by this and similar courts
of their inherent powers and the en-
! forCement of their orders. judgments
and DEGREES, until after an appellate
| tribunal shall have passed upon, con-
! CURED in, revised or modified the
| orders and judgments in cases OF con-
| tempt which The courts. whose au-
thority has been offended against,
| have imposed.
| Important Questions Involved.
| ain view of the great public i'm
! portance OF the questions involved,
this court concurs in the petition OF
| the said respondents, which they are
advised Is to be by them presented to
| the Supreme Court of the United
States, that writ of certiorari may
be issued requiring the Court of APP
peals OF the District of Columbia to
certify to the Supreme Court of the
United States. for consideration and
review by 1t Of the questions presented
| to and determined by the said Cour,
| of Appeals in the contempt proceed
| ings against the said Samuel Gompers
John Mitchell and Frank Morrison
being cause No. 2477 in the Court OF
Appeals OF the District OF Columbia
to the end that said questions may be
determined in accordance with law
and as their great Importance de-
mands."
The complaining judges point out
that Gompers and his associates were
found guilty of contempt In an open,
avowed and defiant ,disobedience" OF
DEGREES of injunctions of the lower
court and that, after being afforded
due opportunity to purge the con-
tempt by signifying their willingness
hereafter to obey the orders and de-
crees of the court unless and until the
same should be reversed by competent