Contempt

A wilful disregard or disobedience of a public authority. By the constitution of the United States, each house of congress may determine the rujes of its proceedings, punish its members for disorderly behavior, and, with the concurrence of two-thirds, expel a member. The same provision is substantially contained in the constitutions of the several states. The power to make rules carries that of enforcing them, and to attach persons who violate them and punish them for contempts; I Kent 236; State v. Matthews, 37 N. H. 450; 14 East 1.

But see 4 Moore, P. C 03; II id. 347.

This power of punishing for contempts is confined to punishment during the session of the legislature, and cannot extend beyond it; Anderson v. Dunn, 6 Wheat. (U. S.) 204, 230, 231, 5 L. Ed. 242; Rap. Contempt 2; and it seems this power cannot be exerted beyond imprisonment. It is often regulated by statute; II.

S. R. S. §§ 101-103.

The arrest of the offending party is made by the sergeant-at-arms, acting by virtue of the speaker's warrant, both in England and the United States; Anderson v. Dunn, 6 Wheat. (U. S.) 204, 5 L. Ed. 242; 10 Q. B. 359. The power of congress to punish for contempt must be found in some express grant in the constitution or be found necessary to carry into effect such powers as are there granted; Kilbourn v. Thompson, 103 U. S. 169, 26 L. Ed. 377; U. S. v. Lee, 106 U. S. 220, 1 Sup. Ct. 240, 27 L. Ed. 171. See Congress. Courts of justice have an inherent power to punish all persons for contempt of their rules and orders, for disobedience of their process, and for disturbing them in their proceedings; S Co. 38 ft; State v. Matthews, 37 N. H. 450; State v. Morrill.

16 Ark. 384; Ex parte Walker, 29 Ala. 81; Kx parte Adams, 25 Miss. 883, 59 Am. Dec. 234; Clark v. People, Breese (111.) 340, 12 Am. Dec. 178; Ex parte Terry, 128 U. S. 289, 9 Sup. Ct. 77, 32 L. Ed. 405; Bessette v. W. B. Conkey Co., 194 U. S. 324, 24 Sup. Ct. 665, 48 L. Ed. 997: Kregel v. Bartling. 23 Neb. S48, 37 N. W. 668; Matter of Moore, 63 N. C. 397; People v. Wilson. 64 111. 195, 16 Am. Rep. 52S; Ex parte Wright, 65 Ind. 508.

See In re Savin. 131 D. S. 267, 9 Sup. Ct 689, 33 L. Ed. 150; Respublica v. Oswald, 1 Dall. (U. S.) 319, 1 I* Ed. 155; it is said that the legislature cannot restrict the power: Kx parte Mc Cown. 139 N. C. 95, 51 S. E. 957, 2