Hugo Black

“ United States
Argued: March 30, 1939. --- Decided: April 17, 1939
The Court of Appeals dismissed petitioner's appeal from a judgment of contempt for failure to obey a District Court's order to testify before an Internal Revenue official. [1] This dismissal was proper if the contempt proceeding was civil and not criminal. A notice of appeal was filed and a bill of exceptions signed. But petitioner's appeal was not, as appeals from civil judgments were required to be, applied for or allowed by the trial judge or a judge of the Court of Appeals. ”

“ In accordance with its constitutional authority to do so, Congress has expressly authorized such a proceeding by an agent of the United States in the Federal courts 'to compel * * * attendance, testimony, or production of books, papers, or other data.' 26 U.S.C. § 1523, 26 U.S.C.A. § 1523. [7]
While particular acts do not always readily lend themselves to classification as civil or criminal contempts, a contempt is considered civil when the punishment is wholly remedial, serves only the purposes of the complainant, and is not intended as a deterrent to offenses against the public. ”

“ When an appeal is permitted by law from a district court to a circuit court of appeals and within the time prescribed, a party may appeal from a judgment by filing with the district court a notice of appeal. ”