141 Minn. 267 | Minn. | 1918
Certiorari to the district court of Washington county to review its order adjudging the relators guilty of contempt.
1. In a proceeding in mandamus on the relation of the Attorney General the Four Lakes Rural Telephone Company, a copartnership, was directed to furnish one Henry Sullwold the same telephone facilities and service that it furnished others similarly situated. See State v. Four Lakes R. Tel. Co. supra, page 124, 169'N. W. 480. The relators Jake Eder and Max Krause are members of the copartnership, the former being designated president and the latter secretary. The company did not furnish service as directed and upon an order to show cause the relators were adjudged in contempt and were fined $50 each and were ordered committed to the county jail until they furnished the service directed not exceeding six months.
2. It is provided by G. S. 1913, § 8355, that before a constructive contempt can be punished by imprisonment or by a fine exceeding fifty dollars it must appear that the right or remedy of a party was defeated or prejudiced thereby; and by G. S. 1913, § 8365, it is provided that when the contempt- consists in the omission to perform that which the party adjudged in contempt can yet perform he may be imprisoned until he performs.
As noted before the order gives a coercive remedy to the party wronged and punishment of the relators for their criminal or quasi-criminal contempt. The fine was the punishment, and without a showing that a light or remedy was defeated or prejudiced, and none was found, the amount of it could not exceed fifty dollars. State v. Miesen, 98 Minn. 19, 106 N. W. 1134, 108 N. W. 513. The imprisonment was for purposes of coercion and was authorized by section 8365. The act of the relators in disobeying the judgment in mandamus has resulted in two consequences: One the imposition of a fine as authorized by section 8355, and the other the imposition of imprisonment terminable upon compliance with the writ as authorized by section 8365. There has not been a fine nor an imprisonment forbidden by section 8355. See Hurd v. Hurd, 63 Minn. 443, 65 N. W. 728.
3. At the hearing the relators offered no testimony. It is their contention that their ability to comply with the writ must be shown affirmatively before they can be found in contempt. This contention we do not sustain.
It is not necessary to enter upon a discussion of the burden of proof
The order so far as it imposes a fine is affirmed. The writ of certiorari, so far as it is directed against the part of the order imposing imprisonment is quashed.
Order imposing fine affirmed.