The Indianapolis times. [volume] (Indianapolis [Ind.]) 1922-1965, 1924-05-15
Federal Court UphoIdS Lam
dis and Says GroSSman,
Chicago SaIoonkeeper
Must Go to Jail on Sen
tence for Contempt,
PRESIDENT NO RIGHT TO
INTERFERE, SAYS COURT
Ruling States Very Purpose
of Judiciary Would Be De-
Stroyed if Executive Can
Pardon Offenders-FirSt
Decision of Its Kind.
BIZ United Press


CHICAGO, May 15.-President
Coolidge is not empowered to extend
clemency to persons imprisoned for
contempt of court, Federal Judges
Carpenter and Wnkerson declared
today in reversing the Presidents
pardon of Philip I. Grossman. Chi
cago saloon keeper.
Grossman was sentenced to one
year in Jail in February, 1921, by
former Federal Judge Lands on
charge of contempt of court for vio-
lating an injunc ion to close his sa-
loon. Efforts 10 secure the pardon
for Grossnan were started and
brought before tn late President
Harding Harding's death halted
the proceedings.
Several months ago President Cool
fdge announced the pardon, and it
then developed that Grossman had
never served any of his jail sen
tence
The Ruling, in Part
The court stated, in part:
The question in this case has
nothing TO do with the propriety of
a President pardon, provided he
had right to exercise executive elem
ency. The court is concerned only
with the organic powe~ of the Presi-
dent TO pardon htigants who have
been punished for contempt. We
have to decide whether a pardon
once issued can avail a defendant
to protect himself against the order
of court.
The present situation is not re-
lieved of embarrassment by the cir
cumstances that the solution IS not
so vital to the executive as to the
judiciary.
Judiciary's Existence at Stake
However, If the power thus TO
pardon is denied. il merely means a
restriction upon the general powers
of the executive. To allow such
power in the executive is to strike
a death blow at the independence Of
the judiciary.
THE power to punish for con-
tempt is inherent in and essential
to the very existence of a judiciary.
If the President IS allowed to sub
stitute his discretion for that Of the
court in this vital matter, then truly
the President becomes the ultimate
source of judicial authority. Such
a holding would be a distortion of
that cardinal principle Of American
institutions that the executive, legis-
lative and judicial branches of the
Government are coordinate and
proudly Independent.
I'VE are Of the opinion that un-
der the Constitution the executive
can net draw 10 himself all of the
real judicial powers of the nations
by controlling the inherent and es-
sential attributes of that power-the
authority to punish for disobedience
of orders of the court"
After reading the decision, Judge
Carpenter and Judge Wilkerson dis
cussed the request of Grossman's
attorney for extension of time for
an appeal, and then denied it. Gross
man was taken to the House of Cor
rection to begin his years sentence.
The ruling of the court established
a precedent as it is the first time IN
the history of the judiciary that such
a decision has been handed down.
Attorney Robert Milroy. repre-.
senting Grossman, announced ne
would ask for writ of habeas cor
pus, and seek again to bring the
matter before the courts.
As the United States Supreme
Court has already affirmed the SEN
tence imposed by Judge lands, it
was indicated Milroy would find 1t
in7possible TO re-opeu the matter