Pacific Coast Law Journal (Volume 7); Containing All the Decisions of the Supreme Court of California, and the Important Decisions of the U.S. Circuit and U.S. District Courts for the District of California, and of the U.S. Supreme Court and Higher Courts (Paperback)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1881 Excerpt: ... In Bxnk. Filed May 2, 1881. No. 10,022. Ex Parte JAMES L. CEITTENDEN, On Habeas Corpus. Contempt--Fine--Impkisonment. A contempt of Court is a specific criminal offense, and the imposition of a fine for such contempt is a judgment as in a criminal case. It is lawful ior the Court iuflicting a fine for contempt to order that the party stand committed until the fine is paid, the imprisonment to be for a period of one day for every two dollars of the fine. M. T. Moses, for petitioner. 1). L. Smoot, contra. By the Court: The petitioner was adjudged guilty of contempt by the Superior Court of San Francisco County, and was ordered to pay a fine of one hundred dollars and to stand committed to the County J ail for a period of one day for every two dollars for the unpaid portion of the fine. The order of the Court sets forth the facts constituting the contempt, and we are of the opinion that the facts show a case of contempt under the provisions of the Code of Civil Procedure. Bat it is claimed that it was not competent for the Court to imprison the petitioner under an order or judgment simply imposing a fine. In the case of New Orleans vs. Steamship Company, 20 Wallace, 392, the Supreme Court of the United States says: "Contempt of Court is a specific criminal offense. The imposition of the fine was a judgment in a criminal case. That part of the decree is as distinct from the residue as if it were a judgment upon an indictment for perjury committed in a deposition read at the hearing." "In Crosby's case, Mr Justice Blackstone said: 'The sole adjudication for contempt, and the punishment thereof, belongs exclusively and without interfering to each respective Court.'" The question of contempt of Court, and the punishment thereof, has recently undergone a thoroug...