46 Neb. 149 | Neb. | 1895
The plaintiff in error Patrick O. Hawes was by the district cburt for Douglas county adjudged guilty of contempt of court and sentenced to imprisonment in the county jail for a period of fifteen days, which judgment we are asked to reverse for reasons hereafter appearing.
In addition to the fact that the plaintiff in error is an attorney at law engaged in the practice of his profession in the courts of Douglas county, our only information regarding the conviction complained of is derived from the following record:
*150 “State of Nebraska v. > Charge: Contempt. Pat. O. Hawes. J
“The said defendant Pat. O. Hawes having in open court stated that he refused to appear as counsel in the case of the State of Nebraska v. William Milbourn and Frank Jones, now pending in this court; that he would not appear in this court; that he could not be treated fair, and that this court was unfair, thereupon the said Pat. O. Hawes was by the court found guilty of contempt of court.
“It is therefore considered and adjudged by the court that the said defendant Pat. O. Hawes be taken hence by the sheriff to the jail of the said Douglas county and there confined for the period of fifteen days, from and after this 10th day of November, A. D. 1894, and that he pay the costs of these proceedings, taxed at-dollars, and execution is awarded therefor.”
The attorney general has declined to submit a brief in behalf of the state or otherwise defend the judgment, on the ground that it is unsupported by the findings of the district court, — a conclusion in which we fully concur. Section 669, Civil Code, provides: “Every court of record shall have power to punish by fine and imprisonment, or by either, as for criminal contempt, persons guilty of any of the following acts: First — Disorderly, contemptuous, or insolent behavior towards the court or any of its officers in its presence.” The language quoted is declaratory merely of the common law. Indeed, it is doubtful if the several sections of the Code under the title “ Contempt” add anything to the law of the subject, since, as has been often said, the authority to punish for contempt is inherent in all courts of record possessing common law jurisdiction, and is beyond the power of the legislature to abridge. (See Krigel v. Battling, 23 Neb., 852; Holman v. State, 105 Ind., 513; Rapalje, Contempts, sec. 1, and authorities cited.) It is also true that language not in itself contemptuous may be
Reversed.