by John Marshall Harlan

“ It is true that the mode of proceeding for contempt is not the same in every case of such misbehavior. Where the contempt is committed directly under the eye or within the view of the court, it may proceed 'upon its own knowledge of the facts, and punish the offender, without further proof and without issue or trial in any form,' (Ex parte Terry, 128 U.S. 289, 309, ante, 77;) ”

“ The power of the courts of the United States to punish contempts of their authority is not merely incidental to their general power to exercise judicial functions, but, as was said in Ex parte Terry, 128 U.S. 289, 304, ante, 77, where this subject was considered, is expressly recognized and the cases in which it may be exercised are defined, by acts of congress. The judiciary act of September 24, 1789, (chapter 20 § 17,) invests them with 'power to punish by fine or imprisonment, at the discretion of said courts, all contempts of authority in any cause or hearing before the same.' 1 St. ”

“ It is contended that the substance of the charge against the appellant is that he endeavored, by forbidden means, to influence or 'impede' a witness in the district court from testifying in a cause pending therein, and to obstruct or impede the due administration of justice, which offense is embraced by section 5399, and it is argued, is punishable only by indictment. ”