Gompers v. Buck's Stove & Range Co.

33 App. D.C. 516, 1909 U.S. App. LEXIS 6096
CourtCourt of Appeals for the D.C. Circuit
DecidedNovember 2, 1909
DocketNo. 1990
StatusPublished
Cited by2 cases

This text of 33 App. D.C. 516 (Gompers v. Buck's Stove & Range Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gompers v. Buck's Stove & Range Co., 33 App. D.C. 516, 1909 U.S. App. LEXIS 6096 (D.C. Cir. 1909).

Opinions

Mr. Justice Van Orsdel

delivered the opinion of the Court:

At the threshold of this inquiry, we axe met with a motion filed by complainant to dismiss the appeal. This motion is based upon three grounds: First, that the judgment of the court below is reviewable by writ of error only, and not by appeal; second, that the record contains no bill of exceptions, agreed statement of facts, or other appropriate basis for review of the judgment in this court; and, third, that the appeal presents no case susceptible of review by this court upon the record therein.

No bill of exceptions has been preserved or appears in the record. The case was brought here by the defendants upon the theory that the judgment decreeing them guilty of contempt is in the nature of an interlocutory order made in the original injunction proceedings, and that the case should come here for review on appeal as part of the equitable proceeding. The motion, therefor, primarily raises the question whether this case can be reviewed upon appeal, or whether it should have come here on error. Section 226 of the Code, providing for appeals to this court, is as follows: “Any party aggrieved by any final order, judgment, or decree of the supreme court of the District of Columbia, or of any justice thereof, ‘including any final order or judgment in any case heard on appeal from a justice of the peace,’ may appeal therefrom to the said court of appeals; and upon such appeal the court of appeals shall review such order, judgment, or decree, and affirm, reverse, or modify the same, as shall be just.” [31 Stat. at L. 1225, chap. 854.] This provision of the Code embraces appeals in cases both at law and in equity, but it in no way affects the character of record necessary to obtain a review in this court. The record in a law cause must still contain a bill of exceptions, or its equivalent, to bring before the court the evidence and rulings thereon of the court below. Ormsby v. Webb, 134 U. S. 47, 33 L. ed. [563]*563805, 10 Sup. Ct. Rep. 478; Metropolitan R. Co. v. District of Columbia (Metropolitan R. Co. v. Macfarland) 195 U. S. 322, 49 L. ed. 219, 25 Sup. Ct. Rep. 28. The record, therefore, essential to properly present a law cause for review in this court, must be the same as if the case were brought upon writ of error instead of appeal. That being true, the general rule as to the preparation of the record applicable to the appeal of contempt cases in Federal courts will apply to this court.

We are of the opinion that, under our practice, where the contempt is civil and the order adjudging contempt is made in the course of the original proceedings, the order may be treated as interlocutory, and may be considered as a part of such proceedings, and so treated, either upon the appeal of the original cause or upon a special appeal. Hence, if the contention of counsel for defendants is correct, the order being one made in the original injunction proceeding, if a civil contempt, would be appealable and reviewable in the same manner as the original cause.

The mere fact, however, that the alleged contempt was brought to the attention of the court by petition of the complainant, and not upon complaint of the prosecuting officer of the government, is immaterial in determining whether the process issued thereon is civil or criminal. We are not concerned with the manner in which the court’s attention was called to the offense, but with the proceedings after the court took cognizance thereof.

Blackstone (bk. 4, chap. 20), considering the general subject of crimes, treats contempt of court under the head of “summary convictions.” The only distinction he makes between contempts and other misdemeanors is in the manner in which they are prosecuted. Enumerating the different species of contempt, he refers to “those committed by parties to any suit or proceeding before the court, as by disobedience to any rule or order made in the progress of a cause, by nonpayment of costs awarded by the court upon a motion, or by nonobservance of awards duly made by arbitrators or umpires after having entered into a rule for submitting to such determination. . Indeed, the attachment for most of this species of contempts, and especially for non[564]*564payment of costs and nonperformance of awards, is to be looked upon rather as a civil execution for the benefit of the injured party, though carried on in the shape of a criminal process for a contempt of the authority of the court. And therefore it hath been held that such contempts, and the process thereon, being properly the civil remedy of individuals for a private injury, are not released or affected by the general act of pardon.”

It will be observed that the learned commentator is careful to limit civil contempts to the disobedience of orders made in the nature of civil execution for the benefit of the injured party. The commitment in such instances is upon civil process, and is coercive, .to compel obedience to the order. When the order is complied with, the restraint is at an end. We are not here confronted with such a case. This is an alleged disobedience of a decree of injunction restraining the defendants from doing certain acts injurious to the complainant. It comes within the general classification of criminal contempts. The penalty is imposed by way of punishment, and is inflicted not for the benefit of the complainant, but on behalf of the public, to prevent a repetition of the offense in similar cases.

In the leading case of Bessette v. W. B. Conkey Co. 194 U. S. 324, 48 L. ed. 997, 24 Sup. Ct. Rep. 665, Mr. Justice Brewer, in distinguishing between civil and criminal contempts, quoted with approval from the opinion of Judge Sanborn of the court of appeals of the eighth circuit in Re Nemit, 54 C. C. A. 622, 632, 117 Fed. 448, 458, as follows: “Proceedings for contempts are of two classes, those prosecuted to preserve the power and vindicate the dignity of the courts, and to punish for disobedience of their orders, and those instituted to preserve and enforce the rights of private parties to suits, and to compel obedience to orders and decrees made to enforce the rights and administer the remedies to which the court has found them to be entitled. The former are criminal and punitive in their nature, and the government, the courts, and the people are interested in their prosecution. The latter are civil, remedial, and coercive in their nature, and the parties chiefly in interest in their conduct and prosecution are the individuals whose private rights and [565]*565remedies they were instituted to protect or enforce. Thompson v. Pennsylvania R. Co. 48 N. J. Eq. 105, 108, 21 Atl. 182; Hendryx v. Fitzpatrick (C. C.) 19 Fed. 810; Ex parte Culliford, 8 Barn. & C. 220; R. v. Edwards, 9 Barn. & C. 652; People ex rel. Munsell v. Oyer & Terminer Ct. 101 N. Y. 245, 247, 54 Am. Rep. 691, 4 N. E. 259 ; Phillips v. Welch, 11 Nev. 187, 190; State v. Knight, 3 S. D. 509, 513, 44 Am. St. Rep. 809, 54 N. W. 412; People ex rel. Gaynor v. McKane, 78 Hun, 154, 160, 28 N. Y. Supp. 981; 4 Bl. Com. 285; 7 Am. & Eng. Enc. Law, p. 68. A criminal contempt involves no element of personal injury.

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Bluebook (online)
33 App. D.C. 516, 1909 U.S. App. LEXIS 6096, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gompers-v-bucks-stove-range-co-cadc-1909.