Excerpt from A Compilation of Documents Relating to Injunctions in Conspiracy Cases: Together With Arguments and Decision of the Court in Case of Commonwealth V. Hunt, 4 Metoalf, Etc; February 13, 1902, Ordered to Be Printed as a Document
The object of the Senate bill is to afford persons charged with indi rect contempts a trial by jury, as in criminal cases. The effect of the committee substitute, if enacted into law, would be to give the accused the form of a jury trial, with the substance withdrawn. For, instead of accepting the plan of the real jury trial, as embodied in the Senate bill, the committee provide for the submission to the jury of interroga tories, prepared by the court, and to be answered by the jury in writ ing. Upon the answers the court will determine the guilt or innocence of the accused. About the question of guilt or innocence the jury, according to the committee, shall have nothing to say. That shall be determined by the court, which is to continue to be not only judge and jury, but accuser as well.
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Excerpt from A Compilation of Documents Relating to Injunctions in Conspiracy Cases: Together With Arguments and Decision of the Court in Case of Commonwealth V. Hunt, 4 Metoalf, Etc; February 13, 1902, Ordered to Be Printed as a Document
The object of the Senate bill is to afford persons charged with indi rect contempts a trial by jury, as in criminal cases. The effect of the committee substitute, if enacted into law, would be to give the accused the form of a jury trial, with the substance withdrawn. For, instead of accepting the plan of the real jury trial, as embodied in the Senate bill, the committee provide for the submission to the jury of interroga tories, prepared by the court, and to be answered by the jury in writ ing. Upon the answers the court will determine the guilt or innocence of the accused. About the question of guilt or innocence the jury, according to the committee, shall have nothing to say. That shall be determined by the court, which is to continue to be not only judge and jury, but accuser as well.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
Excerpt from A Compilation of Documents Relating to Injunctions in Conspiracy Cases: Together With Arguments and Decision of the Court in Case of Commonwealth V. Hunt, 4 Metoalf, Etc; February 13, 1902, Ordered to Be Printed as a Document
The Committee on the Judiciary, to whom was referred Senate resolution No. 83, which was as follows:
Resolved, That the Judiciary Committee is hereby directed to investigate the law upon the whole subject of "Contempts of court," as enforced by the Federal courts, and to report to the Senate whether any additional legislation is necessary for the protection of the rights of citizens; and if so, to report such legislation;
and to whom was also referred Senate bill No. 418, entitled "A bill concerning the trial and punishment of contempts of the United States courts herein mentioned," respectfully report:
In obedience to the resolution aforesaid, the committee have duly investigated and considered the whole subject of "Contempts of courts," as enforced by the Federal courts, and believing that some additional legislation is necessary, or at least desirable, upon that subject, recommend the passage of said Senate bill No. 418 with an amendment striking out the title and all the provisions of said bill, and in their place inserting the following:
A Bill In relation to contempts of court.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That contempts of court are divided into two classes, direct and indirect, and shall be proceeded against only as hereinafter prescribed.
Sec. 2. That contempts committed during the sitting of the court, or of a judge at chambers, in its or his presence or so near thereto as to obstruct the administration of justice, are direct contempts. All other are indirect contempts.
Sec. 3. That a direct contempt may be punished summarily without written accusation against the person arraigned, but if the court shall adjudge him guilty thereof a judgment shall be entered of record in which shall be specified the conduct constituting such contempt, with a statement of whatever defense or extenuation the accused offered thereto and the sentence of the court thereon.
Sec. 4. That upon the return of an officer on process or an affidavit duly filed, showing any person guilty of indirect contempt, a writ of attachment or other lawful process may issue, and such person be arrested and brought before the court; and thereupon a written accusation, setting forth succinctly and clearly the facts alleged to constitute such contempt, shall be filed and the accused required to answer the same, by an order which shall fix the time therefor, and also the time and place for hearing the matter; and the court may, on proper showing, extend the time so as to give the accused a reasonable opportunity to purge himself of such contempt. After the answer of the accused, or if he refuse or fail to answer, the court may proceed at the time so fixed to hear and determine such accusation upon such testimony as shall be produced.
About the Publisher
Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com
This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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Paperback. Condición: New. Print on Demand. This book explores the history and practice of injunctions within the US legal system, emphasizing their misuse against labor movements in the late 19th and early 20th centuries. The author examines how injunctions, originally intended to protect property rights, have been abused to restrict workers' rights to organize and strike. Drawing on case studies, including the infamous Debs case, the book reveals how injunctions have been used to punish workers for engaging in peaceful protests and other nonviolent activities. By analyzing the legal framework and historical context surrounding injunctions, this book sheds light on the ongoing struggle between capital and labor and the importance of safeguarding civil liberties in the face of corporate power. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Nº de ref. del artículo: 9781331138006_0
Cantidad disponible: Más de 20 disponibles
Librería: PBShop.store US, Wood Dale, IL, Estados Unidos de America
PAP. Condición: New. New Book. Shipped from UK. Established seller since 2000. Nº de ref. del artículo: LW-9781331138006
Cantidad disponible: 15 disponibles
Librería: PBShop.store UK, Fairford, GLOS, Reino Unido
PAP. Condición: New. New Book. Shipped from UK. Established seller since 2000. Nº de ref. del artículo: LW-9781331138006
Cantidad disponible: 15 disponibles