140 Iowa 678 | Iowa | 1909
— On the 21st day of March, 1908, a temporary writ of injunction was issued by the district court of Polk County • restraining the Loper Drug Company and J. H. Loper from unlawfully keeping or dispensing intoxicating liquors. On the 17th day of April, 1908, the petitioner herein, who is also the appellant, filed in the office of the clerk of the district court of Polk County an information and affidavit charging that said J. H. Loper had violated the temporary ’ injunction theretofore issued by making unlawful and illegal sales of intoxicating liquors, and asking that he be brought before the court and required to show cause why he should not be punished for contempt in violating the temporary injunction which was during all of said time in force.
Defendant’s counsel argue, however, that in contempt proceedings of this character -the intent of the party is material, and that there should be no punishment for the violation conceded herein because of the good faith of the defendant Loper, but we have held otherwise. See cases heretofore cited and Lewis v. Brennan, 141 Iowa, 585; Long v. Joder, 139 Iowa, 471; Lindsay v. Hatch, 85 Iowa, 332.
The contention of the defendant that under the common law the trial' judge has exclusive power over con-tempts in violation of his authority has no application to a contempt of this nature, or, in fact, to contempts under the general statute of this State. Contempts in this State are governed by statute, and not by common-law rules. Drady v. District Court of Polk County, 126 Iowa, 345. Sections 2405 and 2407- provide for contempt proceedings where an injunction restraining the illegal sale of intoxicating liquor has been issued. In the former section it is said: irWhen an injunction has been granted, it shall be binding on the defendant in the judicial district in which it was issued, and any violation of the provisions of this statute by manufacturing, selling or keeping for sale intoxicating liquors anywhere in said district shall be punished as a contempt as provided in this chapter.” Section 2407 provides that “a party found guilty of contempt under the provisions of this section shall be punished by a fine of not less than $200 nor more than $1,000, or by imprisonment in the county jail not less than three nor more than six months, or by both fine and imprisonment.” This statute leaves no- discretion with the trial judge when it is clear that there has been a violation of an injunction restraining the illegal sale of liquors. When
It is manifest from the record in this case that the defendant acted illegally in refusing to punish for a contempt which was shown without contradiction, and, such being the case, it is the duty of this court to annul his order and remand the case for proceedings conforming to this opinion. — Annulled and remanded.'