In re a Writ of Habeas Corpus for Green

172 Ohio St. (N.S.) 269
CourtOhio Supreme Court
DecidedMay 17, 1961
DocketNo. 36830
StatusPublished

This text of 172 Ohio St. (N.S.) 269 (In re a Writ of Habeas Corpus for Green) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re a Writ of Habeas Corpus for Green, 172 Ohio St. (N.S.) 269 (Ohio 1961).

Opinions

Zimmerman, J.

Seeking a reversal of the judgment of the Court of Appeals, Green, hereinafter referred to as appellant, makes three principal contentions: (1) That the Court of Common Pleas in the case instituted in that court was without jurisdiction to issue the restraining order described since the controversy was exclusively within the jurisdiction of the National Labor Relations Board under the National Labor Management Relations Act of 1947 (Section 141 et seq., Title 29, U. S. Code), and hence a contempt proceeding based on any violation by appellant of such restraining order was a nullity; (2) that advice given by appellant to his clients relating to the disobedience of such order was within appellant’s rights and duties as an attorney and did not represent contempt of court; and (3) that appellant was denied due process of law in the hearing of the contempt charge against him.

In the original verified petition filed in the Court of Common Pleas, plaintiff, Toledo Marine Terminals, Inc., alleged that at the time of filing the petition no labor'dispute existed between it and the defendant association; that a labor contract binding on both plaintiff and defendant association had been signed on May 26,1960 (effective until April 1, 1961); that on the day of the filing of the petition, viz., May 27, 1960, the defendant association began picketing at the entrance to plaintiff’s property in direct violation of such labor contract which provided, inter alia, that “there shall be no stoppage of work caused by lockouts, walkout, sit-down, or slow-up of any kind or nature whatsoever, during the term of this agreement”; that the conduct of the defendant association in picketing plaintiff’s premises and calling a strike are illegal acts; that a continuation of the same, unless enjoined, will result in damage to the life and limb of plaintiff’s employees and irreparable loss to plaintiff’s property; and that such conduct has created a serious emergency of such a nature as to require the issuance forthwith of a temporary restraining order.

[272]*272In such petition, plaintiff prayed as follows:

“Wherefore, plaintiff prays that pending final hearing and determination of the issues herein, a restraining order be issued forthwith against the defendants and each of them, their officers, agents, members and other persons associated with and acting in concert with the defendants, and all others to whom knowledge of this order should come, restraining and enjoining them * *

Then followed a description of the acts sought to be enjoined in relation to the picketing of plaintiff’s premises and other interferences with its operations.

, On the same day, viz., May 27, 1960, the court issued the restraining order as prayed for. At a hearing held on June 1 and 3, 1960, on charges of contempt brought against certain of those connected with the defendant association who were alleged to have disobeyed the court’s restraining order, and again on June 7,1960, at the hearing of the charge of contempt against appellant, the evidence established that appellant deliberately advised his clients to disobey the court’s restraining order. During the hearing on June 1 and 3 the following took place:

“The Court: I want to know from them [those charged with contempt] before that can be done [an appeal], give them an opportunity to purge themselves. * * * I want them to explain to me why they violated the order of the court. * * * I want them to tell me whether they just did that or whether they were told by some one to do that; I want to know.

“Mr. Green [appellant herein]: I can advise the court now that they were told by me. a * # #

“The Court: * * * The opportunity is always given, of course, to any one who has violated an order of the court, to purge themselves if they choose to do so; so I think they [the ones charged with contempt] should be called upon; well, I don’t know whether they are represented by any one or not. ¿C # # #

“Mr. Green [appellant herein]: They are represented.

“The Court: By an attorney?

“Mr, Green: They haven’t taken my license away yet.

[273]*273“The Court: Well, what do you propose to do?

“Mr. Green: If the court please, assuming they are resting, I propose to rest also, Your Honor. We are really here in a criminal proceeding and my clients are not required to testify in such a general action, they are not required—

“The Court: You also advised them to violate an order of the court, too.

“Mr. Green: I did.”

At the contempt hearing on June 7,1960, Merritt W. Green, appellant’s associate in the law practice and one of his attorneys, read from a written statement prepared by appellant and containing the language, “that regardless of the private opinions of the court respecting the validity of the contract that the court had no jurisdiction over this matter and that he was forcing us to advise our clients * # * of their rights not to obey the order.”

In its broad sense, a contempt is a disregard of, or disobedience to, the order or command of a public authority, legislative or judicial. In its restricted and more usual sense, contempt comprehends a despising of the authority, justice or dignity of a court; and one is guilty of contempt whose conduct is such as tends to bring the administration of the law into disrespect and disregard or otherwise tends to impede, embarrass or obstruct the court in the performance of its functions. 11 Ohio Jurisprudence (2d), 90, Section 2; 12 American Jurisprudence, 389, Section 2.

This statement is applicable with particular force to an attorney at law. An individual against whom an order of a court is directed may violate such order and properly urge in his defense in a contempt proceeding that the order is void. But does not an attorney stand in a somewhat different position? He is an officer and arm of the court and as such has a duty to recognize and uphold the orders of the court as long as such orders stand. Consequently, an attorney who brashly advises his client to disobey an existing court order is in contempt of court notwithstanding any vulnerability that may attach to such order.

But aside from such observations, on its face the petition filed in the Court of Common Pleas by the Toledo' Marine Term[274]*274inals, Inc., against the International Longshoremen’s Association and others does not disclose that the court lacked jurisdiction to entertain the same. The restraining order issued on the petition' was preliminary and temporary in nature and no motion was filed to dissolve it nor was any other instrument interposed challenging the court’s jurisdiction. Usually and in the first instance, a court of general jurisdiction, such as the Court of Common Pleas, is competent t© determine its own jurisdiction (14 Ohio Jurisprudence [2d], 517, Section 100) and should be accorded fair opportunity to do so. It appears to us that appellant assumed too much too soon in deciding for himself that the court was without jurisdiction and in advising his clients to act on his decision in defiance of the court’s order.

It is to be noted that the petition filed in the Court of Common Pleas on which the restraining order was based alleged the imminence of violence in connection with the picketing of plaintiff’s premises.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Howat v. Kansas
258 U.S. 181 (Supreme Court, 1922)
United States v. United Mine Workers of America
330 U.S. 258 (Supreme Court, 1947)
In Re Lord
97 N.W.2d 287 (Supreme Court of Minnesota, 1959)
Aladdin Industries, Inc. v. Associated Transport, Inc.
323 S.W.2d 222 (Court of Appeals of Tennessee, 1958)
United States v. Shipp
203 U.S. 563 (Supreme Court, 1906)

Cite This Page — Counsel Stack

Bluebook (online)
172 Ohio St. (N.S.) 269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-a-writ-of-habeas-corpus-for-green-ohio-1961.