The New York herald., 1922-05-23
Supreme Court Likely to
Pass on Case and Appeal
Is Permitted.
NEWEST DECISION ? TO 1
Judge Rogers of Circuit Court
Finds Official Erred in
Letter to Nixon.

Judge Henry wade Rogers of the
| United States Circuit Court of Ap-
pea.s. decided yesterday that Comp
troller Charles l.. Craig was guilty of
contempt Of Judge Julius NJ Mayer O:
the United States District Court when
in October, 1919, Craig in a letter to
Lewis Nixon denounced Judge Mayors
attitude and actions in transit affairs.
Judge Rogers's opinion was con-
CURED in by Judge Charles MI Hough
and dissented from by Judge Learned
Hand in overruling Judge Martin #.
Manton's opinion that Craig was not
guilty of contempt. Judge Manton's
order releasing the Comptroller from
custody on writ of habeas corpus is
vacated. The decision of the Circuit
| Court of Appeals is that William c.
Hecht, United States Marshal must
take Craig to Newark TO serve the
sixty day sentence in the Essex county
Jail imposed after Craig was tried for
contempt in 1920
There is no immediate prospect of Mr..
Craig going to New Jersey on the arm
OF the Federal marshal, it appears. be-
cause he has at least two legal re-
sources. In the first place Craigs coun-
sci. Edmund l.. Mooney, purposes to
ask the Circuit Court Of Appeals either
to-day or tomorrow, for a stay of man
date. and Judge Rogers has indicated
that he will be willing to hear the an
plication. In the second place 1t is en-
| tirely likely that Mr.. Mooney will ask
for writ of certiorari from the United
states Supreme Court. so the whole case
can be reviewed. This also will be done
at once
Appeal Apparently Anticipated.
What lawyers regard as an unusual
comment In a judicial opinion, the last
paragraph. but one of Judge Rogers's
decision, strengthens Mr.. MONEYS In
tention to appeal to the highest of
courts. This paragraph was:
Moreover. IL this court is in error
In the conclusion at which the majority
OF the court has arrived, it is by no
means impossible that the Supreme
Court can correct any mistake we may
have made
No action was taken by the United
States marshal, as mandates following
such decisions seldom issue under ten
days, and action by Craig's counsel
would otherwise intervene between the
Comptroller and the jail Mr.. Craig had
nothing to say about the unfavorable
decision.
The Craig case began on October 6,
| 1919, when in the heat and thick OF
difficulties over the transportation sys-
tenn. Craig wrote to Lewis Nixon about
Judge Mayer. The Judge had appointed
a receiver for the y. r. T. and other
lines. and Craig had applied TO be ap-
| pointed coreceiver. Judge Mayer denied
the motion without prejudice. and Craig
wrote to Nixon in obvious bitterness
He said that an evidence of good faith
| on the part of those acting by and
under the authority of Judge Mayer
demanded a reversal of the policy for
which Judge Mayer was responsible. He
said Judge Mayer refused 10 grant any
| of the relief sought in transportation
matters by the city. and that the Judge
made orders which precluded any ap-
| plication being made by the municipal
authorities to any other court or Judge.
| Mr.. Craig said:
Truth is the mightiest weapon in
every controversy. The orders of Judge
Mayer deny to the municipal authorities
| the opportunity to ascertain the truth =
"FedcraI Order Blocks Truth"
| -M Mr.. Craig wrote also that II seems
to me a monstrous thing that an order
of a Federal Judge in a court of equity
should stand between the public and the
truth under such circumstances. Such
an order is hostile to every interest OF
the city of New York In these contro-
versfes. It's operation and effect Is to
disarm the municipal authorities, TO
deny them the most effective instrument
| of redress and to force them into con-
test with corporate powers intrenched
in darkness and concealment."
The United States Attorney filed an
| information against Craig for contempt.
lie was tried in 1920 and Judge Mayer
reserved decision until February IA,
| 1921.
Judge Rogers noted that Craig had
| every opportunity to retract the false
/ charges" but did not avail himself of
| the opportunity. He was sentenced,
therefore. TO sixty days in the Essex
county Jail at Newark. Soon after he
was released by Judge Manton on a
writ of habeas corpus. Judge Rogers
wrote:
| THE fact that the person involved
happens TO be an official OF a great
municipality. and as such Is charged
with heavy responsibilities does not
affect the question presented to this
court His status is not diff
ferent from that OF the humblest in
divdual IN the land. The law Is no re-
specter Of persons. and no man can OBJ
struct or interfere with the administra-
I ton OF Justice In the courts"