Contempts of Court: Hearings Before the Committee on the Judiciary of the House of Representatives, Sixty-second Congress. Second Session, December 7, 8, 9, and 11, 1911
U.S. Government Printing Office, 1911 - Počet stran: 118
administration of justice affidavit alleged contempt apply attention authority called CARLIN CHAIRMAN chancery circuit courts committee common law conferred constitutional courts contempt committed contempts of court court of equity court or judge courts to punish created criminal DAVENPORT decision defined direct contempts discretion disobedience district EMERY entitled exercise Gompers Government GRAHAM guilty hearing HENRY Hill bill imprisonment indirect inferior courts inherent power injunction judge at chambers judgment judicial power judiciary jurisdiction juror jury trial legislative power legislature limit LITTLETON matter McCoy Michigan constitution MOON NORRIS obstruct the administration offense party person PETTIT power to punish present procedure proposition punish contempts punish for contempt question of fact RALSTON reason referred regulate section 725 Senate bill statute STERLING Stove & Range subpoena Supreme Court tempt thereto thing THOMAS tion trial by jury trial shall proceed tribunal United vested violation WILSON witnesses written accusation
Strana 13 - California shall be deemed criminal, nor shall those engaged therein be indictable or otherwise punishable for the crime of conspiracy, if such act committed by one person would not be punishable as a crime, nor shall such agreement, combination, or contract be considered as in restraint of trade or commerce, nor shall any restraining order or injunction be issued with relation thereto.
Strana 6 - States] shall have power to impose and administer all necessary oaths, and to punish by fine or imprisonment, at the discretion of the court, contempts of their authority ; provided, that such power to punish contempts shall not be construed to extend to any cases except the misbehavior of any person in their presence, or so near thereto as to obstruct the administration of justice, the misbehavior of any of the officers of said courts in their official transactions, and the disobedience or resistance...
Strana 99 - And  this is no technical rule. In order that a court may compel obedience to its orders it must have the right to inquire whether there has been any disobedience thereof. To submit the question of disobedience to another tribunal, be it a jury or another court, would operate to deprive the proceeding...
Strana 37 - The power to punish for contempts is Inherent In all courts. Its existence is essential to the preservation of order In judicial proceedings, and to the enforcement of the judgments, orders, and writs of the courts, and consequently to the due administration of justice. The moments the courts of the United States were called into existence, and Invested with Jurisdiction over any subject, they became possessed of this power.
Strana 70 - This government is acknowledged by all to be one of enumerated powers. The principle, that it can exercise only the powers granted to it, would seem too apparent to have required to be enforced by all those arguments which its enlightened friends, while it was depending before the people, found it necessary to urge. That principle is now universally admitted.
Strana 37 - The act, in terms, applies to all courts; whether it can be held to limit the authority of the Supreme Court, which derives its existence and powers from the Constitution, may perhaps be a matter of doubt. But that it applies to the Circuit and District Courts there can be no question.
Strana 64 - These courts, then, are not constitutional courts, in which the judicial power conferred by the constitution on the general government can be deposited. They are incapable of receiving it. They are legislative courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables congress to make all needful rules and regulations respecting the territory belonging to the United States.
Strana 64 - They are legislative Courts, created in virtue of the general right of sovereignty which exists in the government, or in virtue of that clause which enables Congress to make all needful rules and regulations respecting the territory belonging to the United States. The...
Strana 112 - If the contempt be committed in the face of the court, the offender may be instantly apprehended and imprisoned, at the discretion of the judges, without any further proof or examination. But in matters that arise at a distance, and of which the court cannot have so perfect a knowledge, unless by the confession of the party or the testimony of others, if the judges upon affidavit see sufficient ground to suspect that a contempt has been committed, they...
Strana 61 - Legislators have their authority measured by the Constitution; they are chosen to do what it permits, and nothing more, and they take solemn oath to obey and support it. When they disregard its provisions, they usurp authority, abuse their trust, and violate the promise they have confirmed by an oath. To pass an act when they are in doubt whether it does not violate the Constitution, is to treat as of no force the most imperative obligations any person can assume.