David Josiah Brewer

“ A criminal contempt involves no element of personal injury. It is directed against the power and dignity of the court, and private parties have little, if any, interest in the proceedings for its punishment. ”

“ But if the contempt consists in the refusal of a party or a person to do an act which the court has ordered him to do for the benefit or the advantage of a party to a suit or action pending before it, and he is committed until he complies with the order, the commitment is in the nature of an execution to enforce the judgment of the court, and the party in whose favor that judgment was rendered is the real party in interest in the proceedings.' See also Rapalje, Contempts, § 21. ”

“ Considering only such cases of contempt as the present-that is, cases in which the proceedings are against one not a party to the suit, and cannot be regarded as interlocutory-we are of opinion that there is a right of review in the circuit court of appeals. Such review must, according to the settled law of this court, be by writ of error. ”

“ If this were an application for a habeas corpus, after judgment on an indictment for an offense within the jurisdiction of the circuit court, it could hardly be maintained that this court could revise such a judgment, or the proceedings which led to it, or set it aside and discharge the prisoner. There is, in principle, no distinction between that case and the present; for when a court commits a party for a contempt, their adjudication is a conviction, and their commitment, in consequence, is execution ”

“ While the act creating the court of appeals, March 3, 1891 (26 Stat. at L. 826, chap. 517, U.S.C.omp. Stat. 1901, p. 547) , authorized a review of criminal cases, yet it limited the jurisdiction of this court to cases of a conviction for a capital or otherwise infamous crime-since limited to capital cases (29 Stat. at L. 492, chap. 68, pp. 549, 556) , and gave the right of review of all other criminal cases to the circuit courts of appeal; and, of course, a proceeding in contempt cannot be considered as an infamous crime. ”

“ The defendant was fined for contempt in violating this injunction, and the entire amount of the fine ordered to be paid over to the plaintiff in reimbursement. To reverse this order defendant sued out a writ of error. A motion to dismiss was sustained, Mr. Chief Justice Waite saying for the court (p. 122, L. ed. p. 96) :
'If the order complained of is to be treated as part of what was done in the original suit, it cannot be brought here for review by writ of error. Errors in equity suits can only be corrected in this court on appeal, and that after a final decree. ”

“ That they are criminal in their nature has been constantly affirmed.
The orders imposing punishment are final. Why, then, should they not be reviewed as final decisions in other criminal cases? It is true they are peculiar in some respects, rightfully styled sui generis. ”

“ A final decree was entered against the defendants, and, as a part thereof, was an order adjudging the mayor guilty of contempt in suing out the injunction in the state court, and imposing a fine therefor. Thereupon the case was brought to this court, and, among other things, the validity of the punishment for contempt was challenged, in respect to which we said (p. 392, L. ed. p. 357) :
'The fine of $300 imposed upon the mayor is beyond our jurisdiction. Contempt of court is a specific criminal offense. ”