In re Gorham
In re Gorham
Concurring Opinion
concurring. The administration of justice must be kept pure at its source. The evidence is set out in the record. The Court found thereon the following facts: 1. That the said respondent J. A. Gorham has attempted to corrupt and influence J. H. Brown, one of the jurors stvorn to try the said case, and has been guilty of conduct that tended to defeat, impair, impede and prejudice the rights and remedies of the plaintiff in the above-entitled suit. 2. That the respondent R. A. Ramsey has attempted to corrupt and in-
Tbe findings of fact, there being evidence, can not be reviewed on appeal. In re Deaton, 105 N. C., 59, and upon those facts tbe Judge could not do less than adjudge tbe respondents guilty.' Tbe sentence'of $50 fine and twenty days’ imprisonment each, for Gorbam and Ramsey, tbe most guilty parties, and of $50 fine without imprisonment for Brown, were moderate sentences for an offense which, 'if unchecked, would overthrow and make contemptible the administration of justice.
The besetting sin of Courts is to go beyond their jurisdiction and supervise tbe action of the other departments, and the Courts should strive against tbat tendency. But, on tbe other band, tbe judiciary should be firm and prompt to maintain and defend tbe exercise of their own prerogative and authority from tbe invasion of tbe other departments. Suum cuique. Let each department keep within its own limits.
The Constitution, Article IV, section 12, provides: “The General Assembly shall have no power to deprive the judicial department of any power or jurisdiction which rightfully pertains to it as a co-ordinate department of tbe government.” If tbe General Assembly bad expressly enacted that such acts
In Rapalje on Contempt, section 1, it is said: “The better opinion seems to be that legislative bodies have not power to limit or regulate tbe inherent powers of Courts to punish for contempt. Tbis power being necessary to tbe very existence of the Court, as such, tbe legislature has no power to take it away or hamper its free exercise. This is undoubtedly true in tbe case of a Court created by tbe Constitution. Such a Court can go beyond tbe statute in order to preserve and enforce its constitutional powers, by treating as contempts
In Rhyne v. Lipscombe, 122 N. C., 650, and many decisions following, it is held that an act of the Legislature depriving the Superior Court of its recognized power to review the Courts below was unconstitutional as depriving it of its inherent power and position. A fortiori would this act be unconstitutional if it is construed to deprive the Superior Court of its inherent power to punish such acts as those which directly, not constructively, “defeat, impair and impede” the administration of justice in that Court.
The respondents can not purge themselves in a case of this kind. That is admissible only “where the intention is the gravamen of the offense.” The intention here is not to be considered, for it is the acts of the appellants which constitute the contempt.
Opinion of the Court
This proceeding in the Court below, as the record discloses, had for its object the punishment of the respondents as for contempt of Court, and the judgment was pronounced against them as for contempt. But the argument for the State here was also directed to the proposition that the judgment could be supported on the ground that the facts constituted a case of contempt of Court. In support of this proposition, numerous authorities were 'referred to, but in none of'those jurisdictions were the statutory laws like those of our State on this subject. One of them, however, People v. Wilson, 64 Ill., 195, 16 Am. Rep., 528-531, contains 'a most significant expression ; it is said there: “The statute may
Under the facts found, they can plead neither ignorance nor innocency. Upon a careful consideration of the whole case, we think the judgment must be
Affirmed.
Reference
- Full Case Name
- IN RE GORHAM
- Cited By
- 22 cases
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- Published