William O. Douglas

“ To use bribery and fraud on the Court to obtain its order for disbursement of nearly $10,000,000 in trust in its custody is not only contempt but contempt of a kind far more damaging to the Court's good name and more subtly obstructive of justice than throwing an inkwell at a Judge or disturbing the peace of a courtroom. I would hold the conduct of these petitioners to be 'misbehavior' and within the 'presence' of the Court had hence a contempt within the meaning of the statute. ”

“ On May 29, 1939, O'Malley's successor filed a motion praying that the decrees of February 1, 1936, be set aside on the basis of those disclosures and that the insurance companies be ordered to restore the funds distributed to them. The court ordered the insurance companies to make restitution; and they did. At the same time the court asked the district attorney whether contempt proceedings should be filed. About a year passed when the court on May 20, 1940, requested the district attorney to institute contempt proceedings against petitioners. ”

“ Chief Justice Marshall stated that it would be 'utterly repugnant to the genius of our laws' to allow such an action to lie 'at any distance of time'. Id., 2 Cranch at page 342. That observation is equally apt here. ”