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NOVEMBER, 1914
The Commoner
of employment, or from ceasing to
perform any work or labor, or from
recommending, advising, or persuad
ing others by peaceful means so to
do; or from attending at any place
where any such person or persons
may lawfully be, for the purpose of
peacefully obtaining or communicat
ing information, or from peacefully
persuading any porson to work or to
abstain from working; or from ceas
ing to patronize or to employ any
party to such dispute, or from recom
mending, advising or persuading
others by peaceful and lawful means
so to do; or from paying or giving
to, or withholding from, any person
engaged in such dispute, any strike
benefits or other moneys or things
of value; or from peaceably assem
bling in a lawful manner, and for
lawful purposes; or from doing any
act or thing which might lawfully be
done in the absence of such dispute
by any party thereto; nor shall any
of the acts specified in this paragraph
be considered or held to be violations
of any law of the United States.
Sec. 21. That any person who
shall willfully disobey any lawful
writ, process, order, rule, decree, or
command of any district court of
the United States or any court of
the District of Columbia by doing
any act or thing (herein, or thereby
forbidden to be done by him, if the
act or thing so done by him be of
si ch character as to constitute also
a criminal offense under any statute
of the United States, or under the
laws of any state in which. the act
was committed, shall be proceeded
against for his said contempt as
hereinafter provided.
Sec. 22. That whenever it shall
be made to appear to any district
court or judge thereof, or to any
judge therein sitting, by the return
of a proper officer on lawful process,
or upon the affidavit of some credi
ble person, or by information filed
by any distriot attorney, that there
is reasonable ground to believe that
any person has been guilty of such
contempt, the court or judge there
of, or any judge therein sitting,
may issue a rule requiring the said
person so charged to ahow cause
upon a day certain why he should
not be punished therefor, which
rule, together with a copy of the
affidavit or information, shall be
served .upon the person charged
with sufficient promptness to enable
him to prepare for and make return
to the order at the time fixed there
in. If upon or by such return, in
the judgment of the court, the al
leged contempt be not sufficiently
purged, a trial shall be directed at
a time and place fixed by the court:
Provided, however, That if the ac
cused, being a natural person, fall
or refuse to make return to the rule
to show cause, an attachment may
issue against his person to compel
an answer, and in case of his con
tinued failure or refusal, or if for
any reason it be impracticable to dis
pose of the matter on the return day,
he may be required to give reason
able bail for his attendance at the
trial and his submission to the final
judgment of the court. Where the
accused is a body corporate, an at
tachment for the sequestration of
its property may be issued upon like
refusal or failure to answer.
In all cases within the purview of
this act such trial may be by the
court, or, upon demand of the ac
cused, by a jury; in which latter
event the court may impanel a jury
from the jurors then in attendance,
or the court or the judge thereof in
chambers may cause a sufficient
number of jurors to be selected and
summoned, as provided by law, to
attend at the time and place of trial,
at which time a jury shall be selected
and impaneled as upon a trial for
misdemeanor; and such trial shall
conform a? near as may be to the
21
practice in criminal cases prosecuted
Dy indictment or upon information.
If the accused bo found guilty,
judgment shall bo entered accord
ingly, prescribing the punishment,
S iLer.by fino or imprisonment, or
both, In the discretion of the court.
Such fine shall bo paid to the United
States or to the complainant or
other party injured by the act con
stituting tho contempt, or may,
where more than one is so damaged,
bo divided or apportioned among
them as the court may direct, but
in no case shall the fine to be paid
to the United States exceed, in case
the accused Is a natural person, the
sum or ?i,uuo, nor shall such im
prisonment exceed the term of six
months Provided, That in any case
the court or a judge thereof may, for
good cause shown, by affidavit or
proof taken in open court or before
such judge and filed with tho papers
In the case, dispense with the rule
to show cause, and may issue an at
tachment for the arrest of the person
charged with contempt; m which
event, such person, when arrested,
shall be brought before such court
or a judge thereof without unneces
sary delay and shall be admitted to
bail in a reasonable penalty for his
appearance to answer to the charge,
or for trial for the contempt; and
thereafter the proceedings shall De
the same as provided herein in case
the rule had issued In the first In
stance. Sec. 23. That the evidence taken
upon the trial of any person 39 ac
cused may be preserved by bill of ex
ceptions, and any judgment of con
viction may be reviewed upon writ
of error in all respects as now pro
vided by law in criminal cases, and
may be affirmed, reversed, or modi
fied as justice may require. Upon
the granting of such writ of error,
execution of judgment shall be
stayed, and the accused, if thereby
sentenced to imprisonment shall
be- admitted to bail in such reason
able sum as' may be required by the
court, or by any justice, or any judge
of any district court of the United
States or any court of the District of
Columbia.
Sec. 24. That nothing herein con
tained shall be construed to relate
to contempts committed in the pres
ence of the court, or so near thereto
as to obstruct the administration, of
justice, nor to contempts committed
In disobedience of any lawful writ,
process, order, rule, decree, or com
mand entered in any suit or action
brought and prosecuted In the name
of, or on behalf of. the United States,
but the same, and all other cases of
contempt not specifically embraced
within section twenty-one of this act,
may be punished in conformity to the
usages at law and in equity now pre
vailing. Sec. 25. That no proceeding for
contempt shall be instituted against
any person unless begun within one
year from the date of the act com
plained of; nor shall any such pro
ceeding be a bar fo any criminal
prosecution for the same act or acts;
but nothinj herein contained shall
affect any proceeding in contempt
pending at lh time of the passage
of this act.
Sec. 26. That if any clause, sen
tence, paragraph, or part of this act
shall, for any reason, be adjudged by
any court of competent jurisdiction
to be invalid, such judgment shall
not affect, impair, or invalidate the
remainder thereof, but shall be con
fined in its operation to the clause,
sentence, paragraph, or part thereof
directly involved in the controversy
in which such judgment shall have
been rendered.
In the freshman class of the de
nartment of journalism in the Ohio
state university is Miss Lucy Stone,
who is 60 years of ago.
r Silent Seven
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OLIVER
The Standard Visible Writer
NoT
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The Oliver Typewriter Co.,
Oliver Typewriter Bldg. Chicago, Illinois
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