Evening star., 1923-11-30
IN TODAY,S SPOTLIGHT
BY PAUL y. COLLINS

Ten days ago, at the press con-
ference at the White House. the Of
ficial spokesman of President Cool
tdge frankly expressed the Presidents
doubt, as a lawyer, that he had any
authority to overrule a federal Judge
in a case of contempt of court. There
fore, he thought 1t unlikely that he
would pardon Controller Charles l..
Craig of New York city, sentenced to
sixty days in Jail. by the federal dis
trict court. for alleged contempt of
COURT, in having written a letter
criticizing court decision made fif-
teen months prior to the criticism.
The United States Supreme Court
has sustained the district courts
sentence by overruling the decision
OF the United States circuit Judge
who had dismissed the defendant on
a habeas corpus appeal. The only
escape from a felon's cell lies In a
possible change Of mind Of the
President egarding the Chief Ex-
ecutive's power to pardon in such a
case, together with a Willingness to
exercise that power. The matter is
now under advisement in connection
with the Attorney General.
The case Is not unlike that of al
legged contempt of court by Samuel
Gompers, president of the American
Federation. Of Labor; Frank Morrison
and John Mitchell, two other promi-
nent officials Of that organization, who
were charged, in 1907 and 'oS, with
deliberately defying an Injunction
forbidding them to advertise the
Bucks Stove and Range Company as
being unfair" Mr.. Gompers was
sentenced to serve one year in Jail.
the others nine and six months. re-
spectively.
Great political pressure was then
brought to bear on President Taft
(during his first year in the presi-
dency) for a pardon for the labor
leaders. but 1t was refused There is
no precedent OF a presidential pardon
In such case, nor has there been
any final adjudication OF the Presi-
dents power in such matters, but the
then Attorney General. Mr. Knox
Qater United States senator), advised
President Taft that. in his opinion
the President did hold the right to
pardon the defendants, since the
charge against them came under
criminal laws and not civil. There has
not lived in this generation a lawyer
esteem than that of the late Senator
Knox.
In the Opinions of Attorneys Cen
eral. third volume. page 622, q case
Is related OF a fine of s400 for con-
tempt of court, and Attorney General
Gillipin advised that the President
had power to remit the fine. In
volume 4 of the same book. page ass
Attorney General Mason advised that
the e,,l,,, president had power to pardon
eral has ever questioned the Presi-
dents right to pardon in criminal
cases but a distinction Is made as to
Judgments in civil actions for money.
involving failure of a defendant to
obey the courts order to pay damages
or alfmony. Such civil cases are held
to be outside the realm OF executive
clemency.
In the case Of Mullee. II Fed. Cases,
9ss, Judge Blatchford held that the
circuit court had no jurisdiction to
relieve a prisoner who was in Jail
for failing to pay a fine OF $4,000 for
contempt OF court. The Judge hold
that since the fine was a penalty for
contempt, 1t was a criminal case for
which the President alone could give
relief through a pardon. The Presi-
dent ruled to the contrary, that he
had no power to pardon a fine, as 1t
involved a payment OF money, and so
was civil matter. The court then
reversed its own decision. recognized
that the fine became a civil default,
and admitted the prisoner to bail.
That is the nearest the courts have
come to a ruling on such cases. and
the reversal leaves the question un-
settled. SO far as criminal cases are
concerned. President Jefferson par
doned all prisoners convicted under
the allen and seditfon law" as soon