Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1923-11-28
THE CRAIG CONTEMPT CASE

Representative LaGuardia of New
York says he will call for an in
vestigation by Congress, of APP
pointments of receivers by federal
judges in his district during the last
five years, with fees allowed in each.
that his resolution would permit an
inquiry into the conduct, attitude
and official and private life of the
judges of the federal courts and an
investigation into the Brooklyn
Rapid Transit Company receiver
ship. Mr.. LaGuardia is also of those
who plan raid in the next Con-
gress on the Supreme Court.
Because of letter criticising that
receivership Charles L. Craig, con-
troller of New York City, was de-
clared by the federal Judge, February
Is, in contempt of court Later he
was sentenced to so days in Jail.
Craig brought habeas corpus pro-
ceedings to escape sentence and the
case went before the Supreme Court,
which decided, seven to two, against
Craig, that in effect he had debarred
himself from the relief he might
have found through review of the
merits of the case. Chief Justice
Taft found that the Court was
without power to relieve" The
time approaches in which Mr.. Craig,
II not pardoned, will be compelled
to serve his sentence.
The letter by reason of which he
was adjudged in contempt was writ
ten by him to the Public Service
Commissioner. October 6. 1919. In
this he criticised Federal Judge
Mayer for refusing to name a. Coz
receiver in the Brooklyn Rapid
Transit, also to order the books of
certain rapid transit companies
thrown open to city officials. The
following from the letter will afford
! SOME idea of the measure of con-
tempt he tried to express:
cit seems a monstrous thing tlct
an order of a Federal Judge in. a
Court of Equity should stand be-
tween the public, and the truth
under. such circumstances. Such an
order is hostile to every interest of
the City of New York in these con-
troyersies. Its operation and effect
is to disarm the municipal authori-
ties. to deny them the most effective
| instrument of redress and to force
| them into q contest with corporate
powers intrenched in darkness and
coheealment. The responsibility for
the turmoil, delay and dissatisfac-
| ton, that have followed the orders of
Judge Mayer denying the City of
| New York any representation on
| these receiverships rests upon those
| who procure and are protected by
these orders"
! 1t Is not impossible that Mr.. Craig
was not averse TO wearing a halo of
martyrdom. though doubtless he
would prefer ten-day sentence to
that of 60 days. 1t is noticeable that
there is criticism of the length of
the sentence. 1t is possible the
judge suspected Craig of seeking a
| martyrs crown and in granting the
opportunity to him has exacted a
price, sixty days. Here is part of
what the Judge said:
1.-THE defendant is not only incum-
bent of a high ONCE, but is also a
member of the bar. of this court. il
Is manifestly his duty to do all in
his power to>repair the wrong he has
done. 1t is not wrong with which
the Judge concerns himself in per-
sonal sense. and for that reason no
personal apology is desired nor re-
quired. The wrong has been per-.
petrated against the administration
of justice. The reparation which
IL within the power OF the defend
ant is promptly to make and file in
the office of the Clerk Of the Court an
unqualified retraction OF the false
statements respecting the Court"
I While 1t is impossible for those
not acquainted with all the influences
which have led up to this issue to
form q comprehensive opinion re-
specting the merits. there Is about 1t
that which under the circumstances
) seems likely to arouse more or less
concern and take on q national
scope. 1t seems unfortunate that
such controversy should arise at a
time when denagogues are trying to
weaken the power OF our courts,
and now they are making. use OF