The Weather Todays Showers.
The News and Observer.
Volume LV. No. 98.
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BREAKING LINKS
IN THE DEFENSES
n*'lt S *
Tk ree Forts at Port Ar
—- thur Captured.
SUCH IS THE REPORT
It Lacks, However, Official Confirma
tion—The Capture of These Forts
is Said to Have Followed
An All Day Battle
Sunday.
(By the Associated Press.)
Tokio. .June 29. (3:30 p. in.) —It is
unofficially reported that the Chlk-
Wan-Shan, Chit-An-Shan ami So-clio
shau forts southeast of and part of
the Port Arthur defenses were captur
ed on Sunday after au all day light,
beginning with an artillery duel. .So-
Clio-Shan, it is added, was first cap
tured and tlie other forts fell soon al
ternants. The Russians retreated
west, leaving forty tlead. . The num
ber of wounded lias not been ascer
tained. The Japanese force consisted
of all branches of the service. The
Japanese lost three officers and a hun
dred men killed or wounded and cap
tured two guns and a quantity of am
munition. The officials here do not
confirm the report.
General Japanese Advance.
(By the Associated Press.)
Hai Cheng, June 29.—The Japanese
are continuing’ to advance from Siu-
Yen and Feng-Wang-Cheng. General
Oku is also moving north from Senu-
Chen. General Samsonoff is contest
ing his progress, but is not offering
serious resistance. The Japanese force
advancing from the Mo-Tien-Pass (?)
is composed of at least three regi
ments and ten batteries of artillery.
A force of equal strength is advanc
ing from Fen-Shiu Pass on the high
road to Liao Yang. The flank move
on the latter is supported by a col
umn marching from Saimatsza.
Russian Ironclads Collide.
(By the Associated Press.)
Oronstadt, June 29.—The Russian
battleship Navarian, while returning
to her anchorage today was rammed
by the Russian iron-clad Xetron
Menia. which struck her amidships.
The damage to the Xavarin is not se
rious. though it may he necessary to
dry-dock the vessel. It is believed
mat the period required for repairing
the battleship will not be a long one.
Conditions In Port Arthur.
(By the Associated Press.)
Chicago. June 29.—A special to the
Chicago Daily News from Chefoo.
says:
Eight refugees who left Port Ar
thur in a Chinese Junk were picked
up this morning. They belonged to
the upper class. The information
they gave seems reliable, they stated
that the Russian fleet now consists of
the following ships In good condition:
The Czarevitch. Retvizan. Pobieda,
Peresviet, Poltava. Askold, Diana.
Bayan. Xovik and twenty torpedo
craft and smaller boats. The torpe
do transport Amur is damaged and
the battleship Sevastopol slightly
damaged, hut they can soon be re
paired.
There are 12,000 sailors and 40,000
soldiers in the fortress. Women are
la-gely employed as nurses. There
are 250 artisans and 24,000 citizens.
These 24,000 have now been drafted
into the army and are drilling daily.
There is plenty of food, but tho gov
ernment is controlling prices in order
to prevent speculation. The refugees
also stated that owing to the jeers of
the army the fleet was forced to make
its recent demonstration of June 23 in
order to preserve the morals of the
garrison.
STATE ACIHTOII'S REPORT.
This Issued Yesterday for the Fiscal
Year Ending September JO. 1903. .
The annua' report of tho State Au
ditor, Hon. B. F. Dixon, was issued
yesterday. This is for the fiscal year
ending November 30, 1903. It is is
sued in two parts, tho first contain
ing 330 pages, the second 228 pages.
The report shows tho condition of
the State Treasury on tho first of De
cember. 1903, when th.# total cash
balance on hand was $161,259.79; the
source of educational receipts, the
cash balance of whi-h was $31,957.09.
tfir amount loaned for building school
houses being $63,413.78; the disburse
ments Tor educational purposes, re
ceipts and disbursements of the pub
lic funds and the amount of receipts
and disbursements for each fiscal year
from IS6S to 1903, inclusive, this
showing total recipts in 1903 of $2,-
371.636.60. disbursements $2,322,404.-
24. In part two the number value of
the different subjects of taxation are
given, with gross tax for State., pen
sion. school and county purposes, with
comparative statements, and a full re
capitalation of returns by counties.
The statement of the interest bear
i„g and non-interest bearing debt of
the State is given as follows:
Four per cent consolidated debt
bonds $3:408.950; four per cert prison
debt bonds, $110,000; four per cent
orison farm bonds. $60,000; four per
cent State debt bonds, $300,000. Total
four per cent interest-bearing debt.
$3,878,950. Total six per cent inter
est-bearing construction bonds, $2 -
720,000. Total present interest-bear
ing debt. $6,598,950. The old fund
able bonds not yet presented will re
quire. if all are presented, four per
cent consolidated bonds, $210,520; six
per cent ojd .construction bonds unre
deemed, $22,000, making a total debt,
interest and non-interest-bearing, $6,-
831,270.
DELEGATES AT LARGE.
The Votes These Received in the State
Convention.
There has not as yet been pub
lished the sum total of the votes re
ceived by tho several gentlemen who
were voted for at the Democratic
State convention in Greensboro as
delegates at large and alternates to
the Democratic convention.
The total vote of each, and the se
lections were as follows:
Delegates.—Locke Craig, 1,033 1-2;
Julian S. Carr, 986; John E. Wood
ard, 74 9; E. J. Hale, 74 7 1-2.
Alternates.—C. L. Watson, 707;
Kope Elias, 434 1-2; C. O. MeMichael,
160 1-2; J. A. Lockhart. 3S.
Other votes were; George Roun
tree, 14 from Duplin; John R. Web
ster, 10 from Burke; R. A. Dough
ton, 5 from Alleghany.
AT MOREHEAD CITY.
Rumor Has it That the State Military
Will Encamp There.
Xo official notice is as yet available
as to where, the State military is to
hold its encampment this year. The
“war department” of the State is
“mum” in the matter.
It is rumored, however, that More
head City has been selected. It is not
known how authentic this Is. but the
report is published for what it is
worth.
IT IS WILLIAMS
As Temporary Chairman
He’ll Sound the Dem
ocratic Keynote.
By FHED L. 'MERRITT.
Washington, D. C., June 29.
Though the temporary chairman of
the Democratic National convention
cannot be formally chosen until the
executive committee meets in St.
Louis next week, it is a practical cer
tainty that Representative John
Sharpe Williams, the minority floor
leader in the House, Avill he selected
for that honor. In that capacity Mr.
Williams will sound the key-note of
ihe campaign. His record as his par
ty’s leader In the last session of Con
gress shows he is eminently qualified
to do this. He has the confidence of
his party and is deemed the best man
in it to reply to the speech delivered
by Mr. Root at the opening of the Re
publican convention, and to attack
the Republican platform and record.
Coming to Diamond Shoal.
Lightship. Xo. 72, Captain John
Hansen, has sailed from Baltimore,
bound for the lightship station on
the Diamond Shoal, off Cape Hatter
as, to relieve lightship Xo. 71. which
is just completing a fewr months
trip of duty.
On July 1 light vessel. Xo. 72, will
be placed on the station about five
and three-eighths miles southeasterly
from the Easterly point of the outer
Diamond Shoal.
Among the Various States.
The million dolars appropriated ny
Congress to provide arms and equip
ment for the organized militia was to
day apportioned. among the various
States and Territories. The sum al
loted to North Carolina is $23,937.24.
A similar amount is given to Vir
ginia and Tennessee. South Carolina
gots only $17,952.53, while Georgia s
shaie is $25.932.01. The largest ap
propriation goes to New York, which
receives $77,796.03. Pennsylvania’s is
second largest, $6<,822.18 and Illinois
is third with $53,858.79. The small
est appropriation is 55,234.54. received
by Delaware, Idaho, Montana, Ne
vada, Utah and New Mexico.
Church at Pine Forest Dedicated.
(Special to the News and Observer.)
Goldsboro. X. C., June 29.—Pine
Forest's new church was dedicated
last Sunday. Rev. W. D. Sasser, of
Kenansville, preached in the morning
and Rev. Dr. F. D. Swindell, of this
city, in the afternoon. The new
church is a beautiful building and
will stand as a monument to the un
tiring efforts of those good people and
will shed its influence over and cast
its arms of love and protection around
them and their children long after
many of us have gone to our reward.
The Bay Mi nett© and Fort Morgan.
(By the Associated Press.)
Mobile. Ala.. June 2 9.—The organi
zation of the Bay Minette and Fort
Morgan Railroad company has been
effected with a capitalization of $200,-
000. The incorporators are T. P. Han
son, W. W. Gluey and W. D. Staple
ton. of Baldwin county.
The road is to be sixty miles long,
running from Bay Minette on the line
of the Louisville & Nashville Raii
road to Fort Morgan, on the Gull.
Heal Estate Transfers.
Two transfers of Wake county real
estate were recored yesterday as fol
lows:
J. Brown and L. J. Brewer, of
Mecklenburg county, conveyed to B.
F. Sanders, of Wake, twenty as-res of
land in Swift Creek township, the
consideration being $l5O.
W. N. Jones, trustee, of Raleigh,
conveyed to John Spence forty-five
acres of land in St. Mary's township
tlie consideration being $l5O.
Sometimes the proof of the pudding
is the undertaker's little bill.
RALEIGH, NORTH CAROLINA, THURSDAY MORNING, JUNE 30, 1904.
DEATH FOLLOWS
PANIC ON DELFIN
Over a Score Drowned in
Russian Boat.
IT WAS A SUBMARINE
Water Splashing Into Manhole Created
.. . i
Consternation Among Novices on
Board, and Efforts to Es
cape Resulted in the
Tragedy.
(By the Associated Press.)
St. Petersburg, June 29. —6:02 p. m.
—The submarine boat Delfln sank at
her moorings in the Neva, off the Bal
tic. shipbuilding yard at 11 o’clock this
morning with the loss of an officer.
Lieutenant Cherkasoff. and twenty
men. The accident was due partly to
the excessive number of the crew,
mostly inexperienced men, and chiefly
to the unfortunate attempt of a man
to escape while his comrades were
screwing down the manhole.
The officers and men detailed for
submarine boat instructions had as
sembled at the Baltic yard and three
officers decided to go down in the
Delfln, although her captain was not
present, relying on the experience of
her skilled crew. A score of novices
were anxious to go with the three
officers. The Delfln’s nominal capacity
is ten men, instead of which thirty
two entered the boat, bringing her
manhole in dangerous proximity to
the river level.
Just then a tug passed sending a
heavy wash against the boat. As
soon as the water splashed into the
submarine boat's Interior, it created a
panic among the novices, and one of
them tried to get out of the manhole,
which the older hands were screwing
down preparatory to the descent. 'V
submerging compartment having
ready been opened. The water rush
ed in, and as the submerged vessel
sank like a stone, the officers and
some of the men were saved by being
blown up through the manhole by
the rush of escaping air.
The Delfln shortly afterward was
raised. Lieutenant Elaguln, who was
one of the officers saved, said to the
correspondent of the Associated Press:
“The tragedy was like a dream. I
remember a sickening sense of suffo
cation from the fumes of the storage
batteries and then a rush of air and
water. The next thing I knew was
that I was ashore."
The Delfin Is Russia’s best sub
marine boat. She was designed by
Naval Architect Boubnoff and Captain
Beklemisheff and underwent a suc
cessful trial in 190 3.
On the Diamond.
(By the Associated Pess.)
National League.
At St. Louis — R. H. E.
St. Louis ...00000000 I—l 8 2
Chicago . . .laoso 00 11 —8 17 1
Batteries: Sanders, ti’Neill and
Grady; Lundgren and Kling.
At ew York — R. H. E.
Boston .. ..00 1 00000 o—l 5 2
New York ..01 110 10 0 *—4 8 4
Batteries: Willis and Needham; Mc-
Ginnity, Warner and Bowermau.
At Philadelphia— R> IL E.
Brooklyn . ..03300000 2 —B 10 2
Philadelphia 0120200 0 I—6 7 3
Batteries: Cronin and Bergen; Dug
gleby, Sparks and Roth.
American League.
At Chicago — R- H. E.
Chicago .. .0 0022 10 0 I—6 13 2
St. Louis ...1 2000 011 2—7 7 3
Batteries: Smit and Sullivan; Siever
and Sugden.
Southern League.
At Atlanta — R. H. E.
Atlanta 0113 00 0 0 * —s 5 4
Nashville.. .0 0020 00 0 o—2 4 4
Batteries: Bridges and Clarke;
Freeman and Bennett.
At Memphis— R. H. E.
Memphis . . .0 0000 00 5 * —s 7 3
New Orleans 10002000 o—3 8 1
Batteries: Ehret, Hurlburt and
Fritz; Lee and Fox.
South Atlantic League.
At Augusta— R. H. E.
Jacksonville 30000000 I—4 5 3
Augusta .. .0 0010 01 0 2—4 7 2
Batteries: Persons and Curran; Lu
cas and Roth. (Game called for
Jacksonville to catch train.)
At Charleston — R. 11. E.
Charleston 001001000 o—2 2 0
Columbia ..0 000020 0 0 o—20 —2 5 2
Batteries: Childs and Lehman:
Reynolds and Shea. (Game called,
darkness.)
At Savannah — R. H. E.
Savannah . ..0 0104 00 1 o—60 —6 11 2
Macon . . ..00000010 o—l0 —1 3 2
Batteries: Welch and Holmes;
Whipple and Quinn.
A Wealthy Planter Killed.
< By the Associated Press.)
Mobile, Ala.. June 29. —A telegram
was received in Mobile today telling
of the killing of John H. McDuffie, a
wealthy planter at River Ridge. Mon
roe county, by Sonny English, anoth
er planter. Details are lacking. Mr.
McDuffie was highly regarded. He
assisted in the capture of Rube Bur
rows, the noted outlaw and train rob
ber, several years ago.
CASTLE OH BOTH
SPITS BRIMSTONE
“Teetotle” Birds War
ble Wrathfully.
CHIRPS FOR MILES
Some Desire Him For President While
Others Are For Oliver Stewart—
Meanwhile Castle Blows Sul
phur Over Democrats
and Republicans.
(By the Associated Press.)
Indianapolis, Ind., June 29.—The
boom for General Nelson A. Miles for
the Prohibition nomination for presi
dent, was given a decided forward
movement by a public meeting of dele
gates and visitors at the State House,
following the adjournment of. the af
ternoon session of the convention.
Fifteen hundred people were present,
of whom over four hundred wore
delegates badges. Alonzo E. Wilson,
the Illinois State chairman, presided.
John G. Woolley, of Chicago, editor
of The Voice, gave evidence as to Gen
eral Miles’ position. He said he had
been in close communication with
General Miles during the past six
weeks by letters, visits and conversa
tions.
“I do not know that he will accept
the nomination,” said Mr. Woolley,
but I believe be will. I told him I
was coming to Indianapolis to assist in
his nomination unless he forbade. He
did not forbid me and if he were to
allow me to come under these cir
cumstances and then decline the
nomination he is not the sensitive gon
tl man he should be."
Conversations with General Miles
w re related by Mr. Woolley, i.i which
< neral Miles said the Prohibitionists
.lid w co' ' i • *oi „ ’’
this one issue. General Altlefc was
quoted as saying there would soon be
a breaking up of old parties and in
the realignment the liquor question
would he one of the vital issues.
General Miles was quoted on au
thority of the Jlev. D. B. Turney, of
Illinois, as having said he voted the
Prohibition ticket in the last election
and as being for the past four years
a total abstainer.
The new National Prohibition com
mittee, elected today, met tonight and
organized by electing the following
officers:
Chairman—Oliver W. Stewart. Chi
cago.
Vice-Chairman —A. G. Wolfenbarg
er, Lincoln. Neb.
Secretary—-James A. Tate, Harri
man. Tenn,
Treasurer —Samuel Dickie, Albion,
Michigan.
It was stated by an official of the
committee that a majority is opposed
to the nomination of General Miles,
and in favor of a single issue plat
form.
The National committee includes
these members:
Florida —A. K. Izler, Francis True
blood; North Carolina. Edwin Shaver,
J. M. Templeton; Tennessee. James A.
Tate. A. D. Reynolds: Virginia, G. M.
Smithdeal, J. W. Bodley.
The eonvention was called to order
by National Chairman Oliver W.
Stewart, of Chicago, who p resented
Homer L. Castle, of Pittsburg, as
temporary chairman of the conven
tion. Mr. Castle said in part:
“That canker worm of the West
polygamy, today bolus at bay our Uni
ted States Senate and its power is so
great that the greatest law-making
assemblage of this country, composed
of Republicans and Democrats dare
not strike because there is a national
election at hand. This problem must
De solved by a braver lot of men than
Republican and Democratic Sena
tors.”
Referring to the saloon problem
Mr. Castle asked;
“Where is the political aggregation
that can be trusted to cope with these
evils? Shall it be that crowd of in
sane, be-collered men who gathered
last week in Chicago to do the bid
ding of the hero of bloodless San Juan
and place a Democratic secretary in
charge of their National committee
and coax some one of even semi
national reputation to agree to run
second to this despoiler of every trust
except the whiskey trust? Shall we
trust that crowd of uncaged hyenas
who will convene next week in St.
Louis Their chief occupation seems
to bo to dig in some grave yard and
cover the bones of some by-gone dead
issue.”
At the aft? noon session, A. G.
Wolfenbarger, of Lincoln. Neb., was
elected permanent chairman. Mr.
Wolfenbarger in his address said he
hoped the convention would adopt a
platform broad enough but not too
broad.
Continuing, Mr. Wolfenbarger said:
“I am not afraid of this convention
bein° stampeded to or from any man
If it” is right that this convention
choose the grand old Indian lighter
(prolonged cheers) who was turned
aside by the hero of San Juan Hill
with a sneer although no mark stood
against him. well and good. If we do
not choose to do that, we need not
confine ourselves to military men
Wo have been at masterful and
matchless leader of America’s young
manhood! Oliver W. Stewart." (Pro
longed cheers, delegates standing and
waving hats, handkerchiefs and
Hags).
Alr Wolfenbarger mentioned seve-,
rJl i ‘; her party leaders and some one
shouted "»" d Wolfenbarger. of Ne-
braska.” There was another prolonged
demonstration.
After the reports of credentials and
rules were adopted a recess was ta
ken until 8 p. m.
lIE S BRINGING THE ANTS.
It is Now Time for the 801 l Weevil to
Get White In the Gills.
(By the Associated Press.)
Washington, D. C., June 29.—Sec
retary Wilson and Dr. B. F. Galloway,
the Director of 'the Bureau of Plant
Industry, today received the first ad
vices - from Dr. O. F. Cook, the depart
ment's traveling agent, since the latter
started from Guatemala with the new
ly discovered ants intended to wipe
out the boil weevils in the cotton dis
tricts. Dr. Cook cables from Puerto
Cortez, Mexiso, that he will arrive at
New Orleans on July 4th, with 89
colonies of these ants. Ik will imme
diately proceed to the Texas cotton
districts to begin the campaign against
the weevils.
The experimental colonization of
these ants probabl ywill be instituted
first at Victoria, Texas. The location
of the colonies hinges largely on soil
questions, the shade-like soil being
most conducive to the success of the
experiments. A letter received by the
department today from Dr. Cook says
that the colonies should he located in
districts affording a loose and moist
sub-soil, but well drained. He says
the ants will have to be kept under
careful observation for a considerable
period and must be protected from
birds and other dangerous birds until
the colonies have had time to increase
materially. The ants come from the
department of Alta Vera Paz, Guate
mala. Dr. Cook writes from Salama
and says that contrary tomany re
ports there is no field culture of cot
ton there.
THE NEED OF DIXIE
A Notable Address at the
National Educational
Association.
(By the Associated Press.)
World’s Fair Grounds. St. Louis,
><>.- The ” :C-nal Educa
tional Association, wnich began its
second day’s session today will not
reach the election of officers until to
morrow. No candidates for the presi
dency have been announced, but in
dications point to the election of W.
H. Maxwell, superintendent of schools
of Greater New York.
O. J. Kern, superintendent of
schools of Winnebago county, Rock
ford, Ills., discussed at length “The
Educational Possibilities for the
Country Child in the United States.”
“The Educational Need of the
South.” was the subject of an address
by Jbhn Herbert Phillips, superin
tendent of the schools of Birmingham
Ala. Superintendent Phillips said in
part:
“The public school as a factor in
Southern life is a comparatively mod
ern Institution. Outside a dozen cities
there can be found today but few
men and fewer women who have re
ceived even a part of their training
in the public school. The masses who
patronize the schools of the South to
day do so on account of their grow
ing faith in the State supported
school as an institution of democracy.
The primary need of the South to
day is a mqre liberal infusion of this
spirit of true democracy as repre
sented by Jefferson a hundred years
ago, the realization of the American
ideal which opens wide for every
child, of whatever ,race or color, the
door of opportunity.
“A second fundamental condition
of educational progress is found in
the Southern industrial and economic
development.
“The third condition of educational
development in the South is found in
her complicated sociological problem.
Here lies the chief obstacle. While
the South is not indifferent 1o the
problem of negro illiteracy she has
reached tho deliberate and solemn
conclusion that her greatest and most
serious problem is the illiteracy nf
her native white population. While
the Southern States have only 24 per
cent of the total white population of
the United States they have 64 per
cent of all the white illiterates over
ten years of age in the country. The
needs of the rural South are today
enlisting the earnest attention of our
best thinkers, and the present edu
cational movement in the breadth of
its scope, the earnestness of its spirit
and the intensity of its ardor is with
out a parallel in Southern educational
history.”
MONEY TO ARM AND EQUIP.
Tlie Militia ol’ This State Will Get
$23.9J7.
(By the Associated Press.)
Washington, June 29,—Acting Sec
retary Oliver, of the War Depart
ment, has made the usual annual al
lotment of the $1,000,000 appropriat
ed by Congress to provide arms and
equipments for the organized militia
of the United States. The money is
apportioned to Southern States as fol
lows:
Alabama, $21,942; Arkansas, $17,-
952; Florida, $9,973; Georgia, $25,-
932; Kentucky. $25,932; Louisiana.
$17,952; Mississippi, $19,947: North
Carolina, $23,937; South Carolina.
$17,952; Tennessee $23,937; Texas.
$35,905; Virginia, $23,937.
Lineman Has ;» Bad FalL
(Special to the News and Observer.)
Greensboro, N. C. f June 29.—Wil
liam Smathers, lineman of telephone
company, late this evening, while de
scending a pole, struck his head
against a swinging live electric wire.
The shock caused him to lose his hold
and he fell to the ground, a distance
of twenty feet, sustaining serious in
ternal injuries. /
Price Five Cents.
FULL OPINION IN
THE DANIELS CASE
— C
Judge Pritchard Hands
Down the Decision.
COURT HAD NOT POWER
Judge Pritchard in His Opinion De
clares That the Court Exceeded
Authority Granted in 1831
and the judgment
Was Void.
(Special to News and Observer.)
Asheville, N. C., July 30.—Judge
Prichard today handed down his opin
ion in the famous Daniels
contempt case, which was heard in
Raleigh three weeks ago. The opin
ion in full is as follows:
United States of America, Eastern
District of North Carolina, in the
Circuit Court. In Equity—At Ral
eigh.
John P. Cuyler, in behalf of himself
and other stockholders of the At
lantic and North Carolina Railroad
Company.
vs.
The Atlantic and North Carolina Rail
road Company.
In re, Josephus Daniels, for con
tempt. Pritchard. Circuit Judge:
In order to determine whether the
petitioner is entitled to the relief pray
ed for in the petition upon which the
writ of habeas corpus was issued, it
is necessary to determine two ques
tions:
tl) Did the court which imposed
the sentence in this case have juris
diction; (2) Does this court have ju
risdiction to hear and determine this
case on a writ of habeas corpus?
The section under which the court
based its action is 725 of the Revised
Statutes, which reads as follows:
“The said court shall have power t<*
impose a"i «..t : Dil neet,ssnr>
oaths, and to pumsn, by line o im
prisonment. at the discretion of the
court, contempts of their authority;
Provided. That, such power «.o punish
contempts shall not be construed to
extend to any cases except the misbe
havior of anv person in their pres
ence. or so near thereto as to obstruct
the administration of justice, the mis
behavior of any of the officers of said
uourt in their official transactions, and
the disobedience or resistance by any
such officer, or by any party, juror,
witness, or other poison, to any law
ful writ, process, order, rule, decree,
or command of the said courts.”
This act not only limits the power
of the court, but, employs language
which clearly defines the power of the
courts with respect to summary pun
ishment for contempts and applies to
all courts, except perhaps the Supreme
Court. It applies to the Circuit and
District courts, inasmuch as they were
created by act of Congress—their pow
ers and duties being granted by the
act creating them and subsequent acts
enlarging and diminishing their juris
diction. The act of 1831 is a chart
j l>\ which these courts are to he guided
! in cases where summary punshment
for contempt is to be inflicted.
Justice Fields, in ex Parte Robin
son. 1!) Wall, at page 510. in referring
to the act of 1831, says: * * *
“It limits the power of these courts,
in this respect, to three classes of
cases: Ist, where there has been mis
behavior of a person in the presence
of the courts, or so near thereto as to
obstruct the administration of justice;
2nd, where there has been misbehav
ior of any officer of the courts in his
official transactions; and 3rd, where
there has been disobedience or re
sistance by any officer, party, juror,
witness, or other person, to any lawful
writ, process, order, rule, decree, or
command of the courts.
“As thus seen the power of these
courts in the punshment of contempts
can only he exercised to insure order
and decorum in their presence, to se
cure faithfulness on the part of their
officers in their official transactions,
and to enforce obedience to their law
ful orders, judgments and processes.”
Kent's Commentaries, Volume 1, note
on page 340, at bottom, it is said, in
speaking of the act of 1831:
“That act had withdrawn from the
courts of the United States the com
mon law power to protect their suit
ors, officers, witnesses and themselves,
against the libels of the press, how
ever atrocious, and though published
and circulated pending the very trial
of the cause.”
In the case of Savin. 131 U. S., page
27 4, Justice Harlan, among other
things says: * * '* “The act of
1789, did not define' what were the
contempts of the authority of the
courts of the United States, in any
cause or hearing before them, nod did
it prescribe any special procedure for
determining a matter of contempt.
Under that statute the question
whether particular acts constituted a
contempt, as well as the mode of pro
ceeding against the offender, was left
to he determined, according to such
established rules and principles of the
common Jaw as were applicable to our
situation. The act of 1831, however,
materially modified that of 1789. in
that it restricted the power of the
court to inflict summary punishment
for contempt to certain specified
cases, among which was misbehavior
in the presence of the court, or mis
behavior so near thereto as to ob
struct the administration of justice.”
In Ex Parte Poulson, Volume 19,
Fed. Cas., No. 11,350, on page 1206,
Baldwin, Judge, says: “On March 2nd.
1831. (4 Stat.. 487), Congress passed
an act declaratory of the law, con
cerning contempt of court. * * *
‘The history of this act. the time of
its passage, its title and provisions,
(Continued on Page Four.)