Evening star., 1941-04-14
Supreme Court Ruling
ReYerses Decision
In Contempt Case
Act Must Occur i'm Actual
Proximity to Tribunal,
New Opinion Holds
By the Associated Press.

By the Associated Press.
The Supreme Court ruled today
that person can be punished for
civil contempt of court only if the
acts alleged to have obstructed
justice occurred within the physi-
cal proximity of the tribunal.
This ruling reversed a famous 1918
decision, which upheld the convic-
ton of Toledo (Ohio), newspaper
for criticizing court proceedings con-
cerning street railway affairs.
Justice Douglas delivered the de-
clslon IN a comparatively minor
case. Chief Justice Hughes and
Justices Stone and Roberts dis
sented.
The majority opinion reversed the
contempt of court conviction of r.
H. Nye and L. c. Mayors of Lum-
berton, N. c., in connection with
their alleged attempt to persuade
w. H. Elmore of Conway, S. c., to
drop a $4,000 damage suit against
the B. c. Remedy Co., following the
death of Mr.. Elmore's son.
Ohio Decision Overruled.
Justice Douglas said that under
q section of the Federal julicial
code "the fact that in purpose and
effect there was an obstruction in
the administration of justice did not
bring the condemned conduct within
the vicinity of the court in any
normal meaning of the term"
''It is not misbehaviour in the
vicinity of the court disrupting to
quiet and order or actually inter-
rupting the court in the conduct ~
It's business"
Justice Douglas added that if the
defendants could be punished for
their misconduct it must be under
the criminal code where they will be
afforded the normal safeguards sur
rounding criminal prosecutions"
He added that the opinion in the
Toledo newspaper case holding that
a reasonable tendency" to obStruct
justice constituted civil contempt
would have supported the convic.
ton of the North Carolina defend
ants.
But, Justice Douglas said, that
decision muse be overruled."
Other Gases Pending.
The question of whether a "rea-
sonable tendency" to obstruct JUS
tice is sufficient to uphold a con-
tempt conviction, or whether there
must be clear and present
danger" is at issue in cases pending
before the high tribunal involving
the conviction of the Los Angeles
Times and of Harry Bridges, West
Coast labor leader.
In those cases the California Su-
preme Court ruled that a contempt
of-court conviction might be upheld
II there were reasonable tend
ency" toward impeding the work of
the court.
Todays case hinged on 110-year-
old law giving Federal courts power
to punish summarily for contempt
and providing that this power shall
not be construed to extend to any
cases except the misbehavior of any
person or persons in the presence
Of the said courts or so near thereto
as to obstruct the administration of
justice"
Stone States Views.
The dissenting opinion by Justice
Stone said that the majority as
sumed that the phrase 80 near
thereto" could "only refer to geo.
graphical position" and that it
ignored "the entire history of
the judicial Interpretation of the
statute"
"'Near' may connote proximity in
casual relationships as we'll as prox-
Unity in space" Stone said.
1T is not denied" Justice Stone
wrote, that the distance of the pres
ent contemptious action from the
court in miles did not lessen its in
furious effect, and that in that sense
1t was near enough to obstruct the
administration of justice.p
A distinction was drawn between
summary punishment for contempt
and contempt by a criminal pro-
cedure which would have to await
the indictment of the offender with
or without adjournment of the
pending proceedings as the exig-
encies OF the case may require"