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WHAT IS CONTEMPT OF COURT?
chief justice a8ked ,to '
decide.
Au amusing argument -look plnce in the
i-rneticu Court yesterday, wefore the Chief
Justice, iu regard to what constitutes con
tempt of court.
J lie utntlei- arose on an order to re
view. , At Prahraii - court on 17th Au
gust Donald Lord, a young man. was. on
the information of Constable Rose- fined
£2 foi driving a motor at excessive
speed. At the conclusion of the case
Rose spoke to Lord in reference to the
matter, .when Lord said to the constable
\ou are a champion Jinr." Rose reported
tlie matter to. the sergeant, who in turn
related the mcidtnt to the bench Tlie
order was then given that Lord be taken
out of court, arrested, be brought. back
into court, anil charged with the of
fence- This was done, and the magistrate
lined jnm £3. -
Lord now appealed against 'this convic
tion, on the ground that the magistrates
had no jurisdiction, the court of Petty
« f'zV8 having been adjourned, and also
Mint there was no evidence of misbehavior
on jus part.
Mr. O'Hara Wood (instructed bv Mr
i7i'iLni "PPeareil in support of tiie np--
Defiant; and Mr. Guy Madden (instructed
wi„. Solicitor) to show cause
j., the conviction siio'uid stand.
dn,,foJi dim '"«"« 4hore was un
doubtedly power on tlie part of tlie jus
tices to cqniniit for contempt, as the man
IL mrV misholiiivod himself in court.
Sining"&t&:
0,rt!,rs .A'"dt!c", explained that that
point ; was m dispute lietwccn tlie parties.
tl.!iV rt (the solicitor in the case) said
nco i the court iiad adjoiirncd; but tlio
assistant clerk of tlie court stated thlit the
bSres. wcrersl:l11 entraged in judicial'
.Mr. O JIam Wood: The magistrates were
ftfi V <;Ji(itting together.
I lie Chief Justice: A police inn'»i«ilrit«
from tbe 'bench!' "h rutire Kraeefuliy
Mr- Wood: Tlie remark by Lord. was
£fd iARIS
thbm 'llel113 sergeant. of- police informed
mhJn i Ci'ic£ d,,8'-'1C0: The question js
Hih » u F 'I'li-k.was fulciilnteil to pro-
(luee a disturbanee 111 the court. On this
head, Mr. Morrison said to Lord, , "j wo,®
der the constable didn't wring your nock."
IJte police magistrate nlao expressed sur-
nnri thaA tllu "-'hnsfohle "did not mirii him
tW t"l,neV- - '"=,') 'Hiis shows
thai, in the opinion of tlie magistrati-i,
tiicre was an msuit to judicial proceed-
Wood: If tlie. court was not sitting
fonm"3. I C!'l! V''"ld bc " "WUlt to
them as magistrates.
The Chief Justice: According. In vou..
aigumcnt, as soon as tlio court is adjourned
nnd before the magistrates leave tiio -bench
a person may throw rotten ogvs at them
vr 3 w"0i H0"1""1' contempt of court,
mi!'- v,u!'.Pse that would be so.
Ihe Chief Justice: That is an cxtrn-
"f'"arr I»'oposition. As the magistrates
enter tlie court, and before tlie court has
h?m!,.Pe"i ' H cat? 'bo tlirown at
them, and as soon as it is announced that
the court has been noiourned tlie same
sllos'ZsonT0"' S"Cl' ur«umcat si'"Ply
tempt K,:rt hSe "CtS W0"ld be con"
The Cfliief Justice: You may be right, of
eVKC'n'U i -rSt a stal'"'ng Conlcniion.
q'l (S|0-'J : t ,'.avo to s»PI>o>'t it.
Die Chief Justice: Even law is founded
on reason. (A laugh.)
Mr. Wood: It is supposed to-be. That
f,, a 'i18 tdjourncd is jiroved by tlie
fact - that Mr. t-ocoinh went to the fire-
P,at'? 1,1 .Ij'" court to light his. pipe, and
overheard Wie conversation.
Mr! Wood:'1 Yes 'C' pipe?
J'.? Chief Justice: If tnat is the practice
the'lieltcr" C0U1'tS' l c sooner -it is stopped
700di 14n'I.one of "'o magistrates
on the bench lit his pipe immediately tlie
decision- had been given.
IJie Chief Justice: -Then he ought to be
aehamcd of himself.
Mr. Wood: I am merely mentioning this
to show, how the magistrates treated the
matter- ,
1,-4 he. Chief v Justice: In America, the pri
soner smokes, as well lis -the magistrates.
. Mr. Wood argued that, in (lie present
instance, tlio occupants of the bench were
nofc.magurtratea, but only ordmary-eitizni
baving a ohat amongst themaelves-
Tho Chief Justice said ' he thoiarhl
it . -would, be' sufhcient- to diow that
tne magistrates were still on ' tie-
bench. XRio idea avus thnt the odminis.
tration of justice must not be -lowered
or. interfered with in any way. As there
was a dispute as to whether tlie court was
actually sitting nt the time, be would re
for the case back ito the. magistrates for
a report os_ to whether or not the court
iiad -been adjourned before (the misconduct
took place, and it could come up for dcci
sion at a later date.
Mr. Wood: Would your Honor refer
the point to the State Full Court
The Chief Justice: I will .not do any
thing of the kind, I do not see anv difh
culty about it. I certainly need not
trouble tlie Full Court with the matter
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