Contempt

Charles L. Craig, Comptroller-- and, therefore, chief financial official --of the City of New York, has been four years " at law." As a net result he is sentenced to 60 days in jail.

Why? Soon after the War, one of the great New York traction companies (the B. R. T.) went bankrupt. A receiver was appointed by a Federal Judge, Julius Mayer. The receivership was partly responsible to the Judge.

Traction is always mixed up with city politics, and on Oct. 6, 1919, Comptroller Craig wrote a public letter bitterly attacking Judge Mayer. He practically accused the Judge of j dishonesty, or of at least illegally withholding certain information about the traction company.

The Judge promptly haled Craig into his court, pronounced him guilty of contempt, sentenced him to 60 days in prison.

Craig had two alternatives. He could appeal to a higher court to decide whether or not he was guilty of contempt. Or, he could go to another judge of the same rank and try to get a "writ of habeas corpus", which would mean that, in the opinion of the other judge, Judge Mayer had no authority to convict Craig, even if Craig had been guilty. Craig chose the latter course.

The question then became purely and simply a matter of whether Judge Mayer had exceeded his powers in trying Craig, or whether he had not exceeded them. That Judge

Mayer did not exceed his powers is the decision of the Supreme Court of the U. S.

Judge Mayer, therefore, had the right to try Craig for contempt. Having the right, he tried him, found him guilty, sentenced him. Since Craig did not appeal the verdict, the verdict stands.

The Whirlwind. No sooner was the Supreme Court decision handed down, than Craig became, in the eyes of the public, a martyr. "Craig expressed an opinion," said the public. " He dared to criticize a Judge. And simply for that he is going to jail. Where are our ancient liberties of free speech ? "

Peace. One way was left to still the public agitation--a pardon from President Coolidge. The general opinion was that President Coolidge could pardon Craig, and would. But Craig refused to ask a pardon. He preferred to go to jail and become a hero. Republicans did not want him to become a hero (Craig is a Democrat). They were trying to find a way to induce Craig to ask for a pardon.

Contempt of Court is a misbehavior of any person in its (the Court's) presence or so near thereto as to obstruct the administration of justice. In 1918 the Supreme Court upheld a Judge who had punished a newspaper editor for attacking him (Toledo Newspaper Co. v. U. S.) and the Supreme Court followed this decision in deciding whether Judge Mayer had the right to try Craig. (Both in 1918 and 1923, Justices Holmes and Brandeis dissented.) Contempt may be of three kinds: 1) something done in court--e.g. refusal to answer questions; 2) defiance of a court order outside of court; 3) anything said or done which tends to lower the prestige of the court and hence to imperil justice.

Significance. The Craig case raises this question: Should a Judge have the power to decide whether or not an expression of opinion is contempt of court? Naturally, if a Judge has the power to decide, he may extend his power to tyrannical extremes. And a tyrannical Judge might decide that almost any criticism was contempt of court. Since the Supreme Court will not set a limit to the power of a Judge, it is asserted by some that " Congress must decide whether it will limit a Judge's power by legislation.

Elihu Root in his first famous case nearly went to jail for contempt of court. He and two other lawyers were in a suit, people against Boss Tweed. The suit was brought before Noah Davis. The lawyers objected to the Judge because he owed his position to Tweed, the man whom he was trying. Judge Davis pronounced Root and the two others guilty of contempt. The two others were fined, but Root was "let off because he was so young."

Opinions. Expressions of displeasure with the Supreme Court's decision came from every state. Hiram Johnson called it "an outrage." Senator Borah stated that the power of the court to punish for contempt has been abused of late. Amos Pinchot, brother of the Governor of Pennsylvania, challenged Judge Mayer to send him to jail. Senator Copeland of New York went to the White House, making intercession for Craig. Arthur Brisbane (Hearst editor) said Judge Mayer did not know America was a Republic. Representative Oldfield of Arkansas, the Democratic whip, said: "The country is not safe." Mrs. Craig made plans to move to a furnished room in Newark, N. J., near the jail. "If my husband should need me, I want him to know where he can reach me quickly. We have been separated only once in 17 years."

The attitude of the Supreme Court in a decision written by Mr. Taft was: "But the law gives the person convicted of contempt in such a case the right to have the whole question on facts and law reviewed by three Judges of the Circuit Court of Appeals who have had no part in t>ie proceedings, and, if not successful in that court, to apply to this court for an opportunity for a similar review here.

"The petitioner and his counsel have made such a review impossible. Instead of pursuing this plain remedy for injustice that may have been done by the trial Judge and securing by an appellate court a review of this very serious question on the merits, they sought by applying to a sin He Judge of only coordinate authority for a writ of habeas corpus to release the petition on the ground that the trial Judge was without jurisdiction to make the decision he did. This raised the sole issue whether the trial Judge had authority to decide the question, not whether he had rightly decided it."