260 Mass. 344 | Mass. | 1927
This is a petition for attachment for contempt. The original bill in equity set forth a controversy between the general contractors for the construction of the Park Square Building in Boston, a firm of subcontractors thereon, and certain individuals designated for convenience as the carpenters banded together as a union, constituting the plaintiffs, on the one side, and certain other individuals connected as officers or otherwise with thirty-three different labor unions, including the ironworkers, on the other side. The underlying ground of controversy was whether the carpenters’ union or the ironworkers’ union should install certain hollow metal work in connection with elevators. The bill alleged that in consequence of this controversy a strike had been called by the defendants on the Park Square Building and that the plaintiffs were apprehensive that strikes would be called on other buildings in which they were interested. The bill was filed on October 29, 1923. An injunction was issued on November 7, 1923, restraining the defendants from ordering or attempting to cause a strike on the Park Square Building or on any other building where the plaintiffs were engaged, for the purpose either of bringing about the discharge of the carpenter plaintiffs or other carpenters represented by the carpenters’ district council, or of compelling the employment of ironworkers or others. The defendants filed an answer on December 6,1923, and the case was referred to a master on January 17, 1924. While hearings on the issues thus raised were in progress, this
At the argument in this court one main difference between the parties is as to the nature of the contempt alleged in the petition and shown by the master’s report. It is the contention of the petitioners that it is entirely civil in character and is governed throughout by rules of civil procedure in equity; while the defendants contend that it is wholly criminal and is governed by the principles of criminal law.
It has been stated in argument without contradiction that it is matter of common knowledge that the building with reference to which this controversy arose has been long since completed. This is assumed to be so. It is manifest, therefore, that the proceeding for contempt cannot afford any immediate relief to the petitioners in the sense of undoing the wrong alleged to have been done by the defendants. Whatever they did has been done and has had its complete effect on the rights of the petitioners so far as concerns the particular building. The master stated as part of his report that the “object of these contempt proceedings is not to obtain from the court a remedial order or decree, but is on the contrary a petition to have the court enter a decree or order punitive in its nature, and the alleged contempt, if established, is therefore in the nature of a criminal contempt.” Apart from its context this statement is equivocal, being susceptible of the construction either (1) that it is a finding of fact based on unreported evidence and hence binding upon this court, or (2) that it is a ruling of law followed by the master in conducting the hearings and reaching his conclusions. The context in which this statement occurs leads to the conclusion that it is a ruling of law. The statement is prefaced by remarks to the effect that the whole question of contempt was submitted to the master without argument or briefs and hence it is deemed proper “to state my reasons and what I consider authority” for the exclusion of evidence. The statement is followed by a brief reference to two decisions. Therefore we are of opinion that it was a ruling of law.
It has not been necessary hitherto for this court to examine carefully the nature of contempt proceedings for the violation of an injunction arising from the performance by one or more of the defendants of acts forbidden by the court. Reference has been made in several of our decisions to the distinction between civil and criminal contempts. See New York Central Railroad v. Ayer, supra, page 128, and cases there collected. In that judgment at page 129 occur these words: “Whatever else may be said about proceedings for contempt, it is plain that they are sui generis in their nature and not strictly either civil or criminal, as those terms commonly are used.” In Myers v. United States, 264 U. S. 95, at page 103 is this language: “contempt proceedings . . . are sui generis -— neither civil actions nor prosecutions for offenses, within the ordinary meaning of those terms — and exertions of the power inherent in all courts to enforce obedience, something they must possess in order properly to perform their /functions.”
It is manifest that the imposition of fine or imprisonment is not the' test by which to distinguish between civil and criminal contempts. Originally and until the enactment of remedial statutes or rules, the only way by which a court of equity could enforce its ordinary and final decrees was by attachment for contempt. That power is still retained. White v. White, 233 Mass. 39, 43. Process for contempt is an important means by which probate courts enforce orders and decrees for separate support, alimony, support of children, and kindred matters concerning domestic relations. G. L. c. 215, § 34. It has never been supposed that these classes of contempt were criminal as commonly administered. So, also, it was held that imprisonment of a contumacious defendant for refusal to pay a debt ordered to be paid by a common law court pursuant to the terms of a statute was not criminal. Brown’s Case, 173 Mass. 498. Indeed, imprisonment for debt is not a criminal proceeding. See Commonwealth v. Badlam, 9 Pick. 362; Opinion of the Justices, 251
Thus it appears that there are wide fields where jurisdiction by contempt proceedings is frequently exercised and punishment by fine or even by imprisonment imposed which is not regarded as criminal in nature. The use of the word “criminal” in connection with contempts has sometimes been deprecated and is not strictly accurate, because numerous incidents of criminal trials are inapplicable to trials for contempt. People v. Court of Oyer & Terminer, 101 N. Y. 245. Nevertheless, it has come into common use. For convenience we adopt it in the case at bar.
Numerous attempts have been made to formulate a test by which to distinguish remedial proceedings for contempt, which involve private interests and are civil in nature, from punitive proceedings for contempt, which involve the public interest and are criminal in nature. In In re Merchants’ Stock & Grain Co. petitioner, 223 U. S. 639, where an order had been entered in contempt proceedings imposing a fine, three fourths to be paid to the complainant and one fourth to the United States, it was said that “Such an order against an offending suitor is deemed remedial when its purpose is to indemnify the injured suitor or coercively to secure obedience to a mandate in his behalf, and is deemed punitive when its
It is to be observed that in the petition in the case at bar violation of the injunction and consequent discharge of the carpenters from work are alleged. These allegations contain no element stamping this indubitably as a distinctly criminal proceeding. Neither in the petition nor in the master’s report are shown hostility to the court as the means afforded by government for the administration of justice, acts of contumacy toward the court or toward its orders, abusive or inflammatory language, or silent and outwardly inoffensive conduct disclosing a fixed purpose to flout the court and its orders. There is the simple averment of violation of the injunction. Of course that in itself is wrong enough; but there is not about it necessarily a distinctively criminal feature. It does not go so far as to show acts in willful defiance of the authority and power of the court, except as failure to conform to any lawful order of a court partakes to.some extent of defiance. Examining only the nature of the acts here alleged to constitute the contempt, they cannot be pronounced as matter of law to be aimed at the integrity of the courts and designed to. degrade the administration of justice as distinguished from a simple interference with property rights manifested by a decree entered for the benefit of a party. Manifestly the case does not fall within the class illustrated among our own decisions by Cartwright’s Case, 114 Mass. 230, Telegram Newspaper Co. v. Commonwealth, 172 Mass. 294, Hurley v. Commonwealth, 188 Mass. 443, Globe Newspaper Co. v. Commonwealth, 188 Mass. 449, Walton Lunch Co. v. Kearney, 236 Mass. 310, and Commonwealth v. McNary, 246 Mass. 46, in all of which acts subversive of the administration of justice
As already pointed out, the master ruled as matter of law that this was a criminal contempt. Apparently he made this ruling in reliance upon Gompers v. Bucks Stove & Range Co., supra, and Michaelson v. United States, 266 U. S. 42. But, as has been shown, these decisions do not support the ruling. This further appears from the decision in the Gompers case at pages 449, 450, where it was said that if the “sentence for criminal contempt was erroneously entered in a proceeding which was a part of the equity cause, it would be necessary to set aside the order of imprisonment, examine the testimony and thereupon make such decree as was proper, according to the practice in equity causes on appeal. And, if upon the examination of the record it should appear that the defendants were in fact and in law guilty of the contempt charged, there could be no more important duty than
The contempt in the case at bar is alleged to consist in having done an act forbidden by the injunction rather than in refusing to do an act commanded by the injunction. That factor is not a sure test by which to distinguish a criminal from a civil contempt. Important civil right may arise from or depend upon the doing of the act enjoined. It was said in Bessette v. W. B. Conkey Co. 194 U. S. 324, at page 329, “Manifestly if one inside of a court room disturbs the order of proceedings, or is guilty of personal misconduct in the
The question whether the court can ascertain damages flowing from breach of an injunction in a contempt proceeding and order a fine measured in whole or in part by such
It follows that the petitioners were entitled to show whatever damages they had sustained as the natural result of the conduct of the defendants, for the purpose of enhghtening the court as to the amount of fine which ought to be imposed on the defendants if found guilty of contempt. There was, therefore, error in the ruling of the master to the effect that the proceedings for attachment for contempt were criminal in nature. Like error taints the decree confirming the master’s report. Since that decree must be reversed, the case may be tried again and points likely then to arise need to be considered.
The frame and prayer of the petition together with the facts alleged, while not constituting a charge of criminal contempt as ruled by the master or designed as matter of law to seek a decree punitive and criminal in its nature, nevertheless are broad enough to warrant punitive treatment of the defendants provided the facts should show that there was a flouting of the authority of the court and wilful affront of its power. See Casson v. McIntosh, 199 Mass. 443. In numerous contempt cases a sentence has been imposed partly remedial and partly punitive, partaking both of civil and criminal features. Matter of Christensen Engineering Co. 194 U. S. 458. In re Merchants’ Stock & Grain Co. petitioner, 223 U. S. 639. Union Tool Co. v. Wil
Doubtless the petitioners pressed the criminal aspect of the case when the master ruled that that was the only course open. But they ought not to be compelled to that course. There is nothing to show that they elected to take that position before the master. At the bar of this court they argue that this is a civil contempt. They have the right to press only for remedial and not for punitive results. If they adopt that course, they have the right to treat the procedure as entirely remedial. In that event the procedure will be analogous to civil causes in equity. They may call the defendants as witnesses, and be subject to the burden of proof in accordance with the usual equity practice. Hake v. People, 230 Ill. 174. Rothschild & Co. v. Steger & Sons Piano Manuf. Co. 256 Ill. 196. State v. Verage, 177 Wis. 295. See Scott v. Scott, [1913] A. C. 417, 456-459. Even in somewhat analogous cases where the act under inquiry although civil in form is penal in nature, the rules of evidence prevailing in civil rather than criminal cases are held applicable. It was said in Grella v. Lewis Wharf Co. 211 Mass. 54, 59, “Thus in complaints under the bastardy statute, it is sufficient to prove the charge by a preponderance of the evidence. Richardson v. Burleigh, 3 Allen, 479. Young v. Makepeace, 103 Mass. 50. So in an action to recover a forfeiture for the sale of intoxicating liquor to a minor, the rule requiring proof beyond a reasonable doubt does not apply.
The petitioners have the right also to press both the civil and criminal aspects of the case. If they treat the petition for contempt as having this dual aspect, further questions arise as to burden of proof and the right to call the defendants as witnesses. There are numerous particulars in which a proceeding for contempt, even when its object and result are wholly punitive, differs from an ordinary criminal proceeding. This is pointed out with ample citation of authorities in Merchants’ Stock & Grain Co. v. Board of Trade of Chicago, 120 C. C. A. 582; S. C. 201 Fed. Rep. 20. For example: (1) The trial is summary and not in the regular course. (2) There is no right of trial by jury. (3) Courts of chancery and other courts without criminal jurisdiction can try and punish so called criminal contempt. Eilenbecker v. District Court of Plymouth County, 134 U. S. 31, 36. Bessette v. W. B. Conkey Co. 194 U. S. 324, 336, 337. See in this connection G. L. c. 12, § 27. As was said in Ex parte Grossman, 267 U. S. 87, at page 117, “Contempt proceedings are sui generis because they are not hedged about with all the
At first sight there seems to be some contrariety of view on this point among the State courts. But we think that this apparent disagreement rests chiefly upon statutory provisions rather than' upon disagreement as to fundamental principles. Ex parte Gould, 99 Cal. 360, is usually cited in support of the proposition that a defendant in contempt cannot be called as a witness against his will. That case arose under a statute declaring contempt of court to be a misdemeanor. Thus it was by statute put upon the same footing as crimes. The decision rests upon the statute and hence is not an authority touching proceedings at common law in the absence of a statute. The same is true of In re Nickell, 47 Kans. 734. Cases often cited to the effect that a defendant in a contempt case can be compelled to give evidence against himself are State v. Reilly, 40 Wash. 217, 220, and State v. Sieber, 49 Ore. 1, 10, 11. Those decisions both rest seemingly upon statute providing that the court should “examine the defendant,” and hence these also are not authorities as to proceedings at common law apart from statute. The decision in Hake v. People, 230 Ill. 174, rests upon the practice established in that State differing somewhat from our own. State v. Verage, 177 Wis. 295, also
If the petitioners at the new trial rely upon the dual aspect of the petition for attachment for contempt and seek to establish both civil and criminal liability for the contempt, the criminal feature must be regarded as dominant and fixing the character of the trial, and they cannot call the defendants as witnesses against their will. This is the rule followed in determining the character of the proceeding, whether civil or criminal, for purposes of review when both civil relief and criminal punishment are imposed on one petition. Matter of Christensen Engineering Co. 194 U. S. 458. In re Merchants’ Stock & Grain Co., petitioner, 223 U. S. 639. Union Tool Co. v. Wilson, 259 U. S. 107. It seems applicable also, to the trial of the facts.
Questions of evidence remain to be considered. The
One contention of the defendants before the master was that, “although the iron workers did stop work for a day and a half, it was not a strike.” As bearing upon this contention, evidence of “a general rumor current among, the ironworkers . . . that they would knock off work at the lunch hour,” in connection with the fact that they did stop work at that time, was admissible. General rumors among other trades, not involved in the proceeding, as to the cause of the strike are not shown to have been competent. Blais-dell v. Bickum, 139 Mass. 250.
Evidence as to the conversations between the superintendent of the general contractor on the Chamber of Commerce Building and one of the plaintiffs concerning the general subject of causing the carpenters to stop work was competent. Hubbard v. Allyn, 200 Mass. 166, 174. Lawlor v. Loewe, 235 U. S. 522, 533.
There was error in the exclusion of portions of the direct testimony of the defendant Johnson given in the main case. It was in the nature of an admission touching some of the matters in issue in the contempt proceeding. Whether that proceeding be regarded as remedial or punitive, or partaking of the nature of both, it was admissible. The fact that the statements were made on the witness stand in the main case is no reason why they should not be received in the contempt proceedings. Commonwealth v. Bradford, 126 Mass. 42, 45, 46.
The result is that the interlocutory decree is reversed. The petitioners’ exceptions based upon objections 11, 12, 13, 14, 19, 20, 21, 29 and 30, and the defendants’ exception based upon objection 2, must be sustained.
Ordered accordingly.