Argument On the Anti Injunction Bill Sb 1035 Before Hon Wm D Stephens Go
Argument On the Anti Injunction Bill Sb 1035 Before Hon Wm D Stephens Go
Max J Kuhl
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Among these powers were that of defining and punishing con- tempts of court, whether such contempts were direct, that is, committed in the presence of the court, or con- structive, interfering indirectly with the administra- tion of justice. This power was incident to the court itself, and belonged, not to the judges as individuals, but to the court. The courts established by the con- stitution were established by the people, and repre- sented the majesty of the people. Whoever disobeyed an ord...er of such a court, or was in contempt of its proceedings, or did anything which tended to impede or corrupt the administration of justice committed a contempt against the majesty of the people. Without power and ability to preserve order and decorum, to preserve the purity of jury trial and to enforce their own orders, and the like, courts could not carry out the wishes of the people. The courts established by the constitution were therefore vested with all these necessary powers powers which were, at common law, possessed by the courts of record.
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