The Chattanooga news. [volume] (Chattanooga, Tenn.) 1891-1939, 1920-09-04
COURT UPHOLDS
JUDGE FLEMING.
Judge MCReynoIdS, in Bowers
Habeas Corpus, Says He
Can Commit for Contempt.
JUVENILE COURT POWER
Holds City Judge Has Author
ity - Upsots Gardens
Contentious.

City Judge Martin Fleming has the
right TO sentence a defendant 70 fan
and fine him for contempt Of court
when he acts as juvenile Judge, ac-
cording TO a decision today Of judge
). ID. McReynolds in the criminal court.
The decision was rendered after
habeas corpus proceedings had seen
heard seeking TO obtain the release al
Mlidred bowers, sentenced BY the citv
yuuse 70 ten days in jail and $50 Ine
Although the power Of the city ,udse
acting In his own capacity and not a.
juvenile Judge, to sentence for con-
tempt was not one OF the issues HI.
VOWED IN this mornings proceedings.
,uuke moheynolds' opinion isitlmafed
powers.
City Attorney Frank Garden. IN ~
nearing OF the Bowers case Sas..s{sS
last, admitted TO the court that he was
OF me opinion that the city Judge had
that the act granting him that au-
thorlty was In violation OF the nfat4
constitution. Judge McReynolds. At
ms stage In the proceedings, had been
ABOUT ready to decide that there was
no authority for holding the prisoner
Tor contempt. when suddenly Judee
Fleming appeared and told the Court
that ne had been sitting on the Howers
case as Juvenile Judge. n county ofy3cial
anu Az such had powers TO commit fur
Garden Not Present.
Mr., Garden said that he had not ex-
amined that phase of the matter and
would not. give an opinion on h. hui
moukht IL also was Unconstitutional
inc case was then continued until Ia
uay' when Judge MoReynolds upheld
tne city Judges contention about the
1T
and also lntlmated that Mr.. Garden
lhck OF belief In the city judges pow
ers was not In his opinion well found
90 Mr.. Garden was not on hand IN
The proceedings today.
However, Gen. ChamIee who was N
court stated Mr.. Garden was WRONG
ana even II he wasn't Il was his opinion
tfat Inc city attorney should not him
sou declare the law unconstitutional
nut should allow the courts this right
~ u had been delegated to them b.
the constitution,
Gen, Chaniiec was able 10 convince
the court Saturday morning mat ~
was right In his contention about Inc
CITY JUDGE having the power 10 iall
When sitting as juvenile judge, The
attorney stated that while the
point was not In contest he was satin.
,ned mat the city Judge had the right
70 jail a defendant IN his court undey
MS authority MS city Judge.
zen, thamlee was assisted in the
prosecution by Judge Eugene William
VINO Insisted that the city Judge was
given HIS powers by the legislature, The
samo body which gave powers 10 other
Judges, and that Y the city. iIdga's
powers We're In violation on the Cu4t~
stltntion then also were the authorizes
W tho other judges In these contem.
ticna the state was upheld BY the cou:.s
.. H. frazIer. representing the defend
nht, nnd who argued that the city Judge
hAd oversteppod his authority. took ~
appeal from the courts decision,
Mildred Bowors " the wife OF Henry
howera, who several weeks ago shot
ana killed Arthur Brlnkle, whom ne
lound IN company with his wife The
rivalry OF the two men for the womans
attention had been brewing for long
Time and village gossip was a.
prevalent that tho killing caused NJ
AZ the trial ~ Bowers and his wife
who was held for lewdness and an aes
ceHAory. Judge Fleming hearing and
realizing the conditions which existed
w tho Bowers home, ordered this
woman 70 bring her children Into court
70 that he could take them away and
turn them over TO some one who could
caro- for them IN the right way,
When the case was called Judge
Fleming asked the woman why abe
had not brought the children IN a. h.
had ordered and she replied she had
sent them 10 Virginia.
THIS later was proved untrue. Al
Georgia. The city Judge then rave
her ten DAYS In Jail and ordered q Ane
81 $50 and costs registered egalnat her
Tor contempt. II was for this reason
that the habeas corpus case was In
atituted and heard Saturday morning