I wholly agree with the conclusion of Mr. Justice JACKSON that the petitioners' conduct constituted a contempt within the meaning of Section 268 of the Judicial Code, 28 U.S.C. 385, 28 U.S.C.A. § 385.
Under that statute the question whether particular acts constituted a contempt, as well as the mode of proceeding against the o fender, was left to be determined according to such established rules and principles of the common law as were applicable to our situation.
It is argued that the articles did not constitute a contempt.
The attorney general's court submission claimed Hain's remarks "constitute unwarranted abuse of a judge in his judicial capacity that undermines the administration of justice in this jurisdiction, and consequently constitute a contempt of court".
The attorney general's court submission claimed the remarks "constitute unwarranted abuse of a judge in his judicial capacity that undermines the administration of justice in this jurisdiction, and consequently constitute a contempt of court".
The refusal to answer pertinent questions in a matter of inquiry within the jurisdiction of the senate, of course, constitutes a contempt of that body, and by the statute this is also made an offense against the United States.
But each subsequent step in that scheme did not constitute a contempt unless, like the misrepresentation itself, it was 'misbehavior' in the 'presence' of the court or 'so near thereto as to obstruct the administration of justice'.
Hall agreed to hear passages that challenged the court's jurisdiction, contradicted the alleged facts, argued that the alleged facts did not constitute a contempt, apologized to the court, or demonstrated that Jackson had acted within his legal rights.
The attorney general's court submission claimed the remarks, concerning the appointment of Bertha MacDougall as interim victims' commissioner, "constitute unwarranted abuse of a judge in his judicial capacity that undermines the administration of justice in this jurisdiction, and consequently constitute a contempt of court".
In his petition he claimed that the district court had no jurisdiction or legal authority to try and sentence him in the manner and form above stated, for these reasons: (1) The matters set out in the judgment do not constitute a contempt of court provided for by section 725 of the Revised Statutes of the United States.
"This also raises the question as to whether the actions of the chair amount to an improper interference with the free exercise of his own committee's authority or functions, such as to constitute a contempt of the house," he said.
