34 Ind. App. 100 | Ind. Ct. App. | 1904
The Marion Superior Court, on the 1st clay of July, 1903, adjudged the appellants guilty of contempt, fined each of them $25 and costs, and ordered that they stand committed until said fines and costs were paid. On Rovember 8, 1902, the Indianapolis Drop Eorging Company filed its complaint for an injunction in said court against the White River Lodge International Association
The affidavit of said Eeyers is, in substance, that he is a die-sinker by trade, and is and has been ever since September, 1902, in the employ of said forging company; that on June 6,. 1903, as he was leaving its shop at the noon hour, he was, without provocation on his part, waylaid, assaulted and beaten by the appellants, who at the time were claiming to do picket duty for defendant White River Lodge International Association of Machinists at the factory of
Appellants’ claim for a reversal of the judgment against them depends upon the provisions of “an act touching con-tempts of court, proscribing penalties that may bo inflicted therefor, and the methods of proceeding therein,” approved March 31, 1879 (Acts 1879, p. 112), as amended March 1, 1881 (Acts 1881, p. 10). §§1024-1026 Burns 1901.
By section eight of the act of 1879, supra, it is provided that “in all cases of indirect contempt, the person charged therewith shall be entitled, before answering thereto or being punished therefor, to have served upon him a rule of the court against which the alleged contempt may be committed, which said rule shall clearly and distinctly set forth
By section nine of the act of 1879, supra, it is further provided: “If the defendant shall fail to appear in said court, at the time and place specified in the rule provided for in the last preceding section, to answer the same, or if, after having appeared thereto, the defendant shall fail or refuse to answer touching such alleged contempt, the court may proceed at once, and without any further delay, to attach and punish him or her for such contempt; but if the defendant shall answer to the facts set forth in such rule, by showing that, even if they are all true, they do not constitute a contempt of court, or by denying or explaining or confessing and avoiding them, so as to show that no contempt was intended, then, and in every such case, the court shall acquit and discharge the defendant; * * * and the defendant having appeared to such rule, may except, file a bill of exceptions, and appeal to- the general term and to the Supreme Court, in the same manner as in- cases of direct contempt.”
By section ten of the act of 1881, supra, the provisions of the act are made to apply to “all proceedings for contempt in all courts of record in this State, except the Supreme Court thereof: Provided, however, that nothing herein contained shall be construed or held to embrace, limit or control any proceeding against any officer, or party for contempt, for the enforcement of civil rights and remedies.”
That the act of 1879 and its amendment wore not designed to affect cases falling within this class is put beyond all manner of doubt by the concluding provision of section ten, supra — that the act shall not apply to any proceeding “for the enforcement of civil rights and remedies.” Beck v. State (1880), 72 Ind. 250, It is not, therefore,
Judgment affirmed.