Λ 1st 57TH CONGRESS,} SENATE. DOCUMENT A COMPILATION OF DOCUMENTS RELATING TO INJUNCTIONS IN CONSPIRACY CASES TOGETHER WITH ARGUMENTS AND DECISION OF THE COURT IN CASE OF FEBRUARY 13, 1902.-Ordered to be printed WASHINGTON: GOVERNMENT PRINTING OFFICE. 1902. Ordered, That Senate Report No. 827 and House Report No. 2471, parts 1 and 2, Fifty-fourth Congress; Senate Document No. 58, Fiftysixth Congress, together with other papers and documents herewith submitted, be printed as one document. Attest: CHARLES G. BENNETT, 2 Secretary. Recla 30 A.V.M, Senate Report No. 827, Fifty-fourth Congress, first session. APRIL 30, 1896.—Ordered to be printed, Mr. HILL, from the Committee on the Judiciary, submitted the following REPORT. [To accompany S. 2984.] The Committee on the Judiciary, to whom was referred Senate resolution No. 83, which was as follows: Resolved, That the Judiciary Committee is hereby directed to investigate the law upon the whole subject of "Contempts of court," as enforced by the Federal courts, and to report to the Senate whether any additional legislation is necessary for the protection of the rights of citizens; and if so, to report such legislation; and to whom was also referred Senate bill No. 418, entitled "A bill concerning the trial and punishment of contempts of the United States courts herein mentioned," respectfully report: In obedience to the resolution aforesaid, the committee have duly investigated and considered the whole subject of "Contempts of courts," as enforced by the Federal courts, and believing that some additional legislation is necessary, or at least desirable, upon that subject, recommend the passage of said Senate bill No. 418 with an amendment striking out the title and all the provisions of said bill, and in their place inserting the following: A BILL in relation to contempts of court. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That contempts of court are divided into two classes, direct and indirect, and shall be proceeded against only as hereinafter prescribed. SEC. 2. That contempts committed during the sitting of the court, or of a judge at chambers, in its or his presence or so near thereto as to obstruct the administration of justice, are direct contempts. All other are indirect contempts. SEC. 3. That a direct contempt may be punished summarily without written accusation against the person arraigned, but if the court shall adjudge him guilty thereof a judgment shall be entered of record in which shall be specified the conduct constituting such contempt, with a statement of whatever defense or extenuation the accused offered thereto and the sentence of the court thereon. SEC. 4. That upon the return of an officer on process or an affidavit duly filed, showing any person guilty of indirect contempt, a writ of attachment or other lawful process may issue, and such person be arrested and brought before the court; and thereupon a written accusation, setting forth succinctly and clearly the facts alleged to constitute such contempt, shall be filed and the accused required to answer the same, by an order which shall fix the time therefor, and also the time and place for hearing the matter; and the court may, on proper showing, extend the time so as to give the accused a reasonable opportunity to purge himself of such contempt. After the answer of the accused, or if he refuse or fail to answer, the court may proceed at the time so fixed to hear and determine such accusation upon such testimony as shall be produced. If the accused answer, the trial shall proceed upon testimony produced as in criminal cases, and the accused shall be entitled to be confronted with the witnesses against him; but such trial shall be by the court, or, in its discre tion, upon application of the accused, a trial by jury may be had as in any criminal case. If the accused be found guilty judgment shall be entered accordingly, prescribing the punishment. SEC. 5. That the testimony taken on the trial of any accusation of indirect contempt may be preserved by bill of exceptions, and any judgment of conviction therefor may be reviewed upon direct appeal to or by writ of error from the Supreme Court, and affirmed, reversed, or modified, as justice may require. Upon allowance of an appeal or writ of error execution of the judgment shall be stayed, upon the giving of such bond as may be required by the court or a judge thereof, or by any justice of the Supreme Court. SEC. 6 That the provisions of this Act shall apply to all proceedings for contempt in all courts of the United States except the Supreme Court; but this Act shall not affect any proceedings for contempt pending at the time of the passage thereof. House Report No. 2471, Fifty-fourth Congress, second session. CONTEMPTS OF COURT. JANUARY 8, 1897.-Referred to the House Calendar and ordered to be printed. Mr. RAY, from the Committee on the Judiciary, submitted the following REPORT. [To accompany S. 2984.] The Committee on the Judiciary, having carefully considered Senate bill 2984, report as follows: The right and power of courts to punish for contempts is inherent and absolutely essential to the existence of the court as such.-(Rapalje on Contempts, etc.) Its exercise is more frequent in chancery practice, it being, in many cases, the only way in which a court of equity can enforce its orders and decrees. This power is not lightly to be interfered with or curtailed, and very little legislation has been attempted or deemed necessary on the subject. Section 725 of the Revised Statutes of the United States provides as follows: The said courts 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 by any such officer, or by any party, juror, witness, or other person, to any lawful writ, process, order, rule, decree, or command of the said courts. In fact this is but declaratory of the common law, and is restrictive if anything. Section 1070 (Rev. Stat. U. S.) expressly confers this power on the Court of Claims. The power is recognized in consular courts (sec. 4104, Rev. Stat. U. S.) It was given to courts in bankruptcy (sec. 4975, Rev. Stat. U. S.), to the judges at chambers in such proceedings. (Rev. Stat. U. S., sec. 4973.) Indeed it has been held that In the absence of a constitutional provision on the subject legislative bodies have not power to limit or even regulate the inherent power of courts to punish for contempts. This power being necessary to the very existence of a court, as such, the legislature has no right to take it away or hamper its free exercise. (Rapalje on Contempts, p. 13, and cases there cited.) This has no application to the circuit and district courts of the United States, they being creatures of Congress. (Ex parte Robinson, 19 Wall., U. S. 505, 510.) It is a well-settled rule that that court alone in which a contempt is committed, or whose order or authority is defied, has power to punish it or to entertain proceedings to that end. (Rapalje on Contempts, p. 15.) The tendency of legislation in this country, however, has been to narrow the definition of the offense, diminish the class of persons to whom it can be imputed, and restrict the power of the courts over it, |