mine workers america argued january decided march america tom clark atty john sonnett asst atty welly hopkins joseph padway washington mine workers america john lewis individually etc chief justice vinson delivered opinion october possession operating major portion country bituminous coal mines terms conditions employment controlled period government possession entered may secretary interior krug coal mines administrator john lewis president mine workers america agreement embodied far reaching changes favorable miners except amended supplemented therein agreement carried forward terms conditions national bituminous coal wage agreement april october defendant lewis directed letter secretary krug presented issues led directly present controversy according defendant lewis agreement carried forward national bituminous coal wage agreement april section either party contract privileged give ten days notice writing desire negotiating conference party required attend fifteen days beginning conference either party might give notice writing termination agreement effective five days receipt notice asserting authority clause defendant lewis letter october requested conference begin november purpose negotiating new arrangements concerning wages hours practices pertinent matters appertaining bituminous coal industry captain collisson coal mines administrator answered secretary krug contractual basis requiring negotiations revision agreement denied opinion government agreement preserved lewis agreement indeed expressly nullified clause latter contract providing terms contained therein cover period government possession although suggesting negotiations looking toward new agreement carried mine owners government expressed willingness discuss matters affecting operation mines terms agreement conferences scheduled began washington november union government adhering opposing views regarding right either party terminate contract fifth meeting held november union first time offered specific proposals changes wages conditions employment november secretary krug requested union negotiate mine owners suggestion rejected november union john lewis notified secretary krug days elapsed since beginning said conference mine workers america exercising option hereby terminates said agreement midnight wednesday november secretary krug notified defendant lewis power agreement law terminate contract unilateral declaration president announced strong support government position requested reconsideration union order avoid national crisis however defendant lewis union president circulated mine workers copies november letter secretary krug communication information union members november filed complaint district district columbia mine workers america john lewis individually president union suit brought declaratory judgment sought judgment effect defendants power unilaterally terminate agreement alleging november notice reality strike notice pending final determination cause requested temporary restraining order preliminary injunctive relief immediately without notice defendants issued temporary restraining defendants continuing effect notice november encouraging mine workers interfere operation mines strike cessation work taking action interfere jurisdiction determination case order terms expire november unless extended good cause shown hearing preliminary injunction set date order complaint served defendants november gradual walkout miners commenced november midnight november consistent miners contract work policy strike progress mines furnishing major part nation bituminous coal production idle november filed petition rule show cause defendants punished contempt alleging willful violation restraining order rule issued setting november return day time contempt sufficiently purged setting november day trial contempt charge return day defendants counsel informed action taken concerning november notice denied jurisdiction issue restraining order rule show cause trial contempt charge thereupon ordered begin scheduled november november defendants filed motion dischrge vacate rule show cause motion challenged jurisdiction raised grave question whether prohibited granting temporary restraining order instance extending temporary restraining order november full argument november november latter date overruled motion held power issue restraining order case affected either laguardia act clayton act defendants thereupon pleaded guilty waived advisory jury trial contempt charge proceeded government presented eight witnesses defendants none conclusion trial december found defendants permitted november notice remain outstanding encouraged miners interfere strike operation mines performance governmental functions interfered jurisdiction defendants found guilty beyond reasonable doubt criminal civil contempt dating november entered judgment december fining defendant lewis defendant union day preliminary injunction effective final determination case issued terms similar restraining order december defendants filed notices appeal judgments contempt judgments stayed pending appeals december filed petition certiorari cases section judicial code authorizes petition certiorari party granting certiorari prior judgment circuit appeals prompt settlement case public interest granted certiorari december subsequently similar reasons granted petitions certiorari filed defendants cases consolidated argument defendants first principal contention restraining order preliminary injunction issued violation clayton acts come contrary decision true congress decreed clayton act restraining order injunction shall prohibit person persons recommending advising persuading others strike act provision made applicable cases employer employees employers employees employees persons employed persons seeking employment reasons explained greater length discussing applicability act construe general term include express reference evident affirmative grounds believing congress intended withhold otherwise available remedy government well specified class private persons moreover seems never suggested proscription injunctions found clayton act respect broader act defendants suggest argument contrary stated act narrowed circumstances federal courts grant injunctions labor disputes consequently feel justified case consider application act alone apply neither less comprehensive proscription clayton act defendant reliance clayton act unnecessary act congress divested federal courts jurisdiction issue injunctions specified class cases probably conceded characteristics present case bring within class basic dispute remained one defendants private employer latter plaintiff much seems found express terms act set margin specifications general terms make express exception premises defendants argue restraining order injunction forbidden act wrongfully issued even examination act stopped hardly assent conclusion old rule statutes general terms divest rights privileges applied sovereign without express words effect stated cases extraneous affirmative reasons believing sovereign also deemed subject restrictive statute rule rule construction though may true rule invoked successfully cases closely similar present statement rule cases explicit inclined give much weight congress ignorant rule cases reiterated knowledge rule congress writing act omit use specific language effect actually intended reach government cases need place entire reliance exclusionary rule section declared public policy guide act interpretation carries indications scope act predicates purpose act contrast position unorganized worker property permitted corporate forms ownership association consequent worker exercise actual liberty contract thereby obtain acceptable terms conditions employment purpose act said contribute worker freedom association designation representatives choosing negotiate terms conditions employment shall free interference restraint coercion employers labor agents designation representatives purpose collective bargaining considerations face obviously apply government employer relations government employees examine defendants rely note purport strip completely federal courts powers issue injunctions withdraw power fied type case type case growing labor dispute section first instance declares case type persons conflicting competing interests labor dispute stand one several defined economic relationships must involved sides case conflicting interests sides dispute act define common usage term include sovereign statutes employing ordinarily construed congress made express provision term extend partnerships corporations act extend associations absence comparable provision extending term sovereign governments implies congress desire term extend clauses spelling position relative relationship affirmatively suggest employer meant included clauses require case involve persons engaged industry trade craft occupation direct indirect interests therein employer affiliated organization employers employees stand one specified positions relative dispute relationship every one qualifications think relates economic role ordinarily filled private individual corporation sovereign government none suggestive part played relations employees think congress failure refer specify role might commonly thought fill strong indication intend act apply situations appears employer type case act applies requires certain findings fact conditions precedent issuance injunctions even limited purposes recognized act one required finding public officers charged duty protect complainant property unable unwilling furnish adequate protection obviously finding never made complainant federal property threatened federal employees responsibility protection rest state officers also federal civil military forces failed federal injunction meaningless form provision like already discussed indicates act intended affect relations employees defendants maintain certain facts legislative history act clearly indicate intent restrict government use injunctions foregoing arguments contrary must rejected representative beck pennsylvania indicated course house debates thought government included within prohibitions act beck member judiciary committee reported bill vote passage accept views expressive attitude congress relative status act representative blanton texas introduced amendment bill made exception provision limiting injunctive power government petitioner amendment defeated house first comment made amendment introduction representative laguardia house sponsor bill opposed ground exception made rather ground express exception unnecessary laguardia read definition person interested labor dispute referred provisions added see possible way brought provisions bill blanton thereupon suggested necessity allowing government use injunctions maintain discipline army navy laguardia pointed services trade craft occupation blanton answer laguardia opposition latter know extensions made vote taken amendment defeated obviously incident reveal ngressional intent legislate concerning relationship employees debates houses congress numerous references made previous instances resorted injunctive process labor disputes private employers private ployees public interest thought become involved instances offered illustrations abuses flowing use injunctions labor disputes desirability placing limitation thereon frequency references attention directed subject matter compelling circumstances agree indicate congress passing act intend permit continue intervene injunction purely private labor disputes whether congress intended question different one us concerned government right injunctive relief dispute employees although recognize congress intended withdraw remedy former situation follow intended latter circumstances government sought remedy vastly different government seeking carry responsibilities taking legal action employees think references question distant uncertain bearing present problem indeed look history act find events unequivocally demonstrate injunctive relief intended withdrawn latter situation house rule consideration bill representative michener ranking minority member judiciary committee spokesman minority party rules committee made general statement house concerning subject matter bill advocating immediate consideration survey clearly stated ernment rights respect employees affected remembered bill attempt legislate concerning government employees believe enactment bill law take away federal government rights existing law seek obtain injunctive relief necessary functioning government later stage debate representative michener repeated view following deals labor disputes individuals government involved notion bill government function injunction necessary order carry purpose government like see clarified want go record saying interpretation bill federal government time prevented applying injunction one necessary order government may function representatives michener laguardia members judiciary committee reported recommended bill house active spokesmen committee explaining bill advocating passage member house voted bill challenged explanations least one member expressed like understanding believe house cepted authoritive representations proper construction bill senate expressed contrary must co clude congress passing act intend withdraw government existing rights injunctive relief employees stop little difficulty accepting decision district upon scope act cases express consistent views concerning types situations act applies gone farther follow congressional desires regarding beyond jurisdiction district courts issuance injunctions sought directed persons employees none cases dealt narrow segment relationship us regardless determinative guidance offered defendants rely upon opinions several senators uttered may debating senate version war labor disputes act debate time centered around substitute bill originally introduced section substitute amended provided district courts courts territories possessions shall jurisdiction cause shown solely upon application attorney general direction restrain violations threatened violations act following rejection amendments aimed permitting much wider use injunctions characterized contrary laguardia several senators opinion remove protection given employees view contrary determined scope act passed section defeated injunctive provisions contained senate bill considered opinions accept authoritative guides construction act expressed tors members senate none senate judiciary committee reported bill expressed eleven years act passed accorded even weight made individuals course debates moreover opinions given individuals striving write legislation floor senate working without benefit hearings committee reports issues crucial us fail see remarks senators serve change legislative intent congress expressed accordingly adhere conclusion act affect jurisdiction courts issue injunctions sought labor dispute employees suggested however congress passing war labor disputes act effectively restricted theretofore existing authority courts issue injunctions connection labor disputes plants seized chief reliance placed upon rejection senate connally substitute bill clear parable action transpired house indeed proposals house house authorized use injunctions connection private plants yet seized admitted inroads act drew much floor house nevertheless prevailed seizure also contemplated criminal sanctions made available situation without specifically authorizing use injunctions latter issue raised debated commented upon house fact house version provide issuance injunctions aid operation seized plants issue rather whether house expressed intent restrict existing authority courts find slightest suggestion effect either house substitute bill debates concerning action conference committee construed congressional proscription issuing injunctions aid dealing employees seized plants neither house senate version bills went conference way placed issue conferees conference committee simply struck broader provisions house bill allowing injunctions issue private labor disputes occasion consider narrower question us conferees producing act final form nothing suggests congress intended bar injunctions sought government aid operation seized plants thus find nothing legislative background war labor disputes act constitutes authoritative expression congress directing courts withhold injunctive relief connection act designed strengthen hand government serious labor disputes defendants contend however workers mines seized government employees federal government operating mines thus seized government engaged sovereign function consequently situation case fall within area indicated lying outside scope act clear however workers mines seized government authority war labor disputes act stand entirely different relationship federal government respect employment existed seizure effected congress intended case apparent terms statute legislative deliberations preceding enactment section war labor disputes act calls seizure plant mine facility president finds operation thereof threatened strike labor disturbance interruption production unduly impede war effort congress intended virtue government seizure mine become purposes production operation government facility complete sense government held full title ownership consistent view criminal penalties provided interference operation facilities also included procedures adjusting wages conditions employment workers manner avoid interruptions production question confronted whether workers mines government seizure federal government every purpose might whether purposes case incidents relationship existing government workers governmental employer employee executive order pursuance government seized possession mines authorized secretary interior negotiate representatives miners thereafter apply national wage stabilization board appropriate changes terms conditions employment period governmental operation negotiations undertaken resulted agreement agreement contains many basic departures earlier contract entered mine workers private operators april except amended supplemented agreement continued effect period government possession among terms agreement provisions new mine safety code operating managers directed provide mine employees protection benefits workmen compensation occupational disease laws provision made welfare retirement fund medical hospital fund agreement granted substantial wage increases contained terms relating vacations vacation pay included provisions calling changes equitable grievance procedures observed agreement one solely government union private mine operators parties contract made parties subsequent modifications also observed provisions relate matters normally constitute subject matter collective bargaining employer employee many provisions incorporated agreement period government operation theretofore vigorously opposed private operators subsequently received approval descriptive situation state government order maintain production accomplish purposes seizure substituted private employer dealing matters formerly subject collective bargaining union operators defendants conduct given practical recognition fact union negotiated collective agreement government made use procedures provided war labor di putes act modify terms conditions union apparently regarded agreement sufficient contract employment satisfy mine workers traditional demand contract condition precedent work defendant lewis responding suggestion secretary interior certain union demands taken private operators view making possible termination government possession stated letter dated november government seized mines entered contract mine workers propose deal parties status contract defendant lewis letter referred operators agreement miners men serve government bituminous coal mines defendants however point fact private managers mines retained government role operating managers substantially functions authority true regulations operations mines issued coal mines administrator provide retention private managers assist realization objects government seizure operation regulations however also provide removal operating managers discretion coal mines administrator thus government though utilizing services private managers nevertheless retained ultimate control defendants also point regulations provide none earnings liabilities resulting operation mines seizure account risk expense government companies continue liable federal state local taxes mining companies remain subject suit regulations defendants rely represent attempt part coal mines administrator define respective powers obligations government private operators period government control time express opinion validity regulations sufficient state event matters refer little persuasive weight determining nature relation existing government mine workers find convincing contention defendants seizing operating coal mines government exercising sovereign function hence situation excluded terms act executive order directed seizure mines president found proclaimed coal produced mines required war effort indispensable continued operation national economy transition war peace war effort unduly impeded delayed interruptions production exercise powers vested necessary insure operation mines interest war effort preserve national economic structure present emergency conditions found president exist difficult conceive vital urgent function government seizure operation bituminous coal mines hold case government seized actual possession mines facilities operating relationship government workers employer employee act apply ii although held act render injunctive relief beyond jurisdiction district alternative grounds support power district punish violations orders criminal contempt attention must directed situation obtaining november government complaint sought declaratory judgment respect right fendants terminate contract unilateral action amounted strike call effective midnight november issued defendant lewis notice pending determination defendants right take action government requested temporary restraining order injunctive relief memorandum support restraining order seriously urged inapplicability act facts case power district grant ancillary relief depended great part upon resolution jurisdictional question circumstances district unquestionably power issue restraining order purpose preserving existing conditions pending decision upon jurisdiction temporary restraining order served november roughly two days strike begin defendants filed motion vacate order rather ignored allowed nationwide coal strike become accomplished fact used unequivocal language condemning shipp provided protection judicial authority situations kind case allowed appeal denial writ habeas corpus circuit tennessee petition filed johnson confined sentence death imposed state pending appeal issued order staying proceedings johnson however prisoner taken jail lynched shipp sheriff custody johnson charged conspiring others purpose lynching johnson intent show contempt order shipp denied jurisdiction punish contempt ground stay order issued pending appeal jurisdiction constitutional questions alleged frivolous pretense justice holmes rejected contention want jurisdiction ordering contempt tried stated regard argument unsound held true orders made jurisdiction make may disregarded without liability process contempt sawyer ex parte fisk ex parte rowland even circuit jurisdiction entertain johnson petition jurisdiction appeal alone decide law alone necessarily jurisdiction decide whether case properly question least duty permit argument take time required consideration might need see mansfield coldwater lake michigan ry swan judgment declining jurisdiction announced authority necessity case make orders preserve existing conditions subject petition state bound refrain proceedings time act march stat fact petitioner entitled argue case shows needs proof law contemplates possibility decision either way therefore must provide jurisdiction hear appeal shipp case order vacated ruled determine question law found jurisdiction authority necessity case make orders preserve existing conditions subject petition application rule laid shipp supra apparent carter district making findings required laguardia act issued temporary restraining order injunction followed hearing affirmatively decided jurisdiction overruled defendants objections based upon absence diversity absence case arising statute objections defendants prevailed appeal injunction set aside brown coumanis carter companion case violations temporary restraining order held punishable criminal contempt pending decision doubtful question jurisdiction district held power maintain status quo punish violations contempt case us district power preserve existing conditions determining authority grant injunctive relief defendants making private determination law acted peril disobedience punishable criminal contempt although different result follow question jurisdiction frivolous substantial contention idle applicability act case previously received judicial consideration language act legislative history indicated substantial nature problem district faced proceeding find impressive authority proposition order issued jurisdiction subject matter person must obeyed parties reversed orderly proper proceedings true without regard even constitutionality act order issued howat kansas said injunction duly issuing general jurisdiction equity powers upon pleadings properly invoking action served upon persons made parties therein within jurisdiction must obeyed however erroneous action may even error assumption validity seeming void law going merits case first instance determine question validity law decision reversed error orderly review either higher orders based decision respected disobedience contempt lawful authority punished violations order punishable criminal contempt even though order set aside appeal worden searls though basic action become moot gompers buck stove range insist upon duty obedience subject matter suit well parties properly elements federal jurisdiction clearly shown authority first instance issue order ancillary main suit depended upon statute scope applicability subject substantial doubt district november affirmatively decided act force case injunctive relief therefore authorized orders outstanding issued date obeyed expired set aside appropriate proceedings appellate otherwise convictions criminal contempt intervening time may stand follow course simply defendant may punished criminal contempt obedience order later set aside appeal plaintiff action may profit way fine imposed simultaneous proceeding civil contempt based upon violation order right remedial relief falls injunction events prove erroneously issued worden searls supra pages page salvage process acme tank cleaning process anargyros anargyros fortiori injunction restraining order beyond jurisdiction reason underlying shipp supra compel different result act applicable case conviction civil contempt reversed entirety assuming act applied case prohibited injunctive relief request set aside preliminary injunction december judgment civil contempt subject infirmities contempt proceedings fines imposed affirm judgments criminal contempt validly punishing violations order outstanding unreversed iii defendants pressed upon us procedural aspects trial allege error prejudicial require reversal judgments civil criminal contempt persuaded question whether proceedings support judgments criminal civil contempt attention directed rule rules criminal procedure rule requires criminal contempt prosecuted notice stating essential facts constituting contempt charged respect compliance rule notice given rule show cause served upon defendants together government petition supporting affidavit pleadings rested upon information belief rule designed cast doubt upon propriety instituting criminal contempt proceedings manner petition charged violation outstanding restraining order affidavit alleged detail failure withdraw notice november cessation work mines consequent interference governmental functions jurisdiction defendants fairly completely apprised events conduct constituting contempt charged however rule requires notice issuing defendants describe criminal contempt charged defendants urge failure comply rule petition alleged willful violation restraining order petition rule show cause inquired way defendants contempt nowhere contempt described criminal required rule nevertheless defendants quite aware criminal contempt charged motion discharge vacate rule show cause contempt charged referred criminal argument motion defend nts stated expressly informed criminal contempt tried yet urged omission words contempt petition rule show cause prejudicial error rule requires rigorous cation designed insure realization contemnors prosecution criminal contempt contemplated purpose sufficiently fulfilled failure observe rule respects resulted substantial prejudice defendants defendant fully informed criminal contempt charged think enjoyed trial enhanced protections accorded defendants criminal contempt proceedings need treat length defendants respect urge right jury trial provided laguarlia act operative applies cases act already held restriction upon injunctions imposed act govern case defendants think properly tried without jury defendants thus accorded rights privileges owing defendants criminal contempt cases put better position complain trial included proceeding civil contempt carried main equity suit common sense recognize conduct amount civil criminal contempt acts may justify resorting coercive punitive measures disposing aspects contempt single proceeding seem least convenient practice litigation patent cases frequently followed method noted situations federal state courts rule demanding fair notice recognition criminal aspects case contains nothing preclud ng simultaneous disposition remedial aspects contempt tried even better practice try criminal contempt alone avoid obscuring defendant privileges manner mingling civil criminal contempt proceedings must nevertheless shown result substantial prejudice reversal required contempt proceeding carried number name equity alter conclusion especially complaining party whatever suit contempt tried far criminal nature double proceeding far defendants rights criminal trial diluted mixing civil criminal contempt extent prejudice avoided indicated rights privileges defendants fully respected showing substantial prejudice flowing formal peculiarities defendants trial lastly defendants assigned error argued brief district improperly extended restraining order november another ten days progress argument defendants motion vacate rule show cause part contempt proceedings circumstances case think good cause shown extending order iv apart contentions concerning formal aspects proceedings defendants insist upon liability secure relief way civil contempt case limit right proceed civil contempt situations enforcing statute expressly allowing resort courts enforcement statutory orders mccrone however rests upon narrow ground said section constitution expressly contemplates party civil proceedings extending jurisdiction federal judiciary controversies shall party page page fully entitled bring present suit benefit orders entered behalf reduce practical value relief granted limiting orders disobeyed proceeding criminal contempt denying government civil remedies enjoyed litigants concluding opportunity demonstrate disobedience occasioned loss urged event amount fine imposed defendant lewis fine imposed defendant union arbitrary excessive way related evidence adduced hearing sentences criminal contempt punitive nature imposed purpose vindicating authority gompers buck stove range supra page page interests orderly government demand respect compliance given orders issued courts possessed jurisdiction persons subject matter one defies public authority willfully refuses obedience peril imposing fine criminal contempt trial judge may properly take consideration extent willful deliberate defiance order seriousness consequences contumacious behavior necessity effectively terminating defendant defiance required public interest importance deterring acts future nature standards great reliance must placed upon discretion trial judge trial properly found defendants guilty criminal contempt contempt continued days issuance restraining order finding guilty willfulness qualified concurrent attempt defendants part challenge order motion vacate appropriate procedures immediately following finding guilty defendant lewis stated openly defendants adhere policy defiance policy evidence showed germ center economic paralysis rapidly extending bituminous coal mines practically every major industry attempt repudiate override instrument lawful government situation governmental action indispensable trial also properly found defendants guilty civil contempt judicial sanctions civil contempt proceedings may proper case employed either two purposes coerce defendant compliance order compensate complainant losses sustained gompers buck stove range supra pages pages compensation intended fine imposed payable complainant fine must course based upon evidence complainant actual right civil litigant compensatory fine dependent upon outcome basic controversy purpose make defendant comply discretion otherwise exercised must consider character magnitude harm threatened continued contumacy probable effectiveness suggested sanction bringing result desired corollary principles returned conviction contempt must fixing amount fine imposed punishment means securing future compliance consider amount defendant financial resources consequent seriousness burden particular defendant light principles think record clearly warrants fine defendant lewis criminal contempt majority however think warrants unconditional imposition fine defendant union majority feels assessed fine defendant union circumstances excessive punishment criminal contempt theretofore committed feels order coerce defendant union future compliance order effective make fine conditional defendant failure purge within reasonable time accordingly judgment defendant union held excessive modified require defendant union pay fine pay additional fine unless defendant union within five days issuance mandate herein shows fully complied temporary restraining order issued november preliminary injunction issued december defendant union effect full compliance withdrawing unconditionally notice given signed john lewis president november krug secretary interior terminating agreement twelve midnight wednesday november notifying time members withdrawal substantially manner members defendant union notified notice secretary interior withdrawing similarly instructing members defendant union withdrawal notice effect lewis agreement full force effect final determination basic issues arising said agreement well realize serious proportions fines imposed upon defendant union majority feels course taken union carried serious threat orderly constitutional government economic social welfare nation fine substantial size required order emphasize gravity offense union found guilty defendant lewis true aggressive leader studied deliberate order district record shows stated open prior imposition fines representatives mine workers determined agreement breached union secretary interior contract terminated november certainly members defendant union executed nationwide strike loyalty responding orders leader may minds minimize gravity miners conduct ignore effect action upon rights citizens effect action upon system government gains social economic miners citizens realized past ultimately due fact enjoy rights free men system government upon maintenance system depends future progress may justly aspire complex society great variety limited loyalties overriding loyalty country institutions particular interest may pursued aware defendants may sincerely believed restraining order ineffective finally vacated however government sought declaration contractual rights agreement effective since may solemnly subscribed government defendant union restraining order sought preserve conditions cause determined obedience defendants secured result full opportunity comply order district deliberately refused obedience determined validity order rule show cause issued provision made hearing whether alleged contempt sufficiently purged hearing defendants stated position remained status existed time issuance restraining order conduct showed total lack respect judicial process punishment case defendants done prior imposition judgment district coupled coercive imposition upon defendant union compel obedience outstanding order examined contentions advanced defendants found without merit temporary restraining order preliminary injunction properly issued actions district respects affirmed judgment defendant lewis affirmed judgment defendant union modified accordance opinion modified judgment affirmed ordered affirmed part modified affirmed part justice jackson joins opinion except laguardia act thinks relieved courts jurisdiction issue injunctions class case justice frankfurter concurring judgment historic phrase government laws men epitomized distinguishing character political society john adams put phrase massachusetts declaration rights pt art indulging rhetorical flourish expressing aim framed declaration independence founded republic government laws men rejection positive terms rule fiat whether fiat governmental private power every act government may challenged appeal law finally pronounced even last say time composed fallible men may err revision errors must orderly process law may asked reconsider decisions done successfully throughout history deemed duty decide may changed legislation often occasion constitutional amendment experience deep reading history founders knew law alone saves society rent internecine strife ruled mere brute power however disguised involves subjection force reason agency subjection law conception government laws dominated thoughts founded nation designed constitution although knew well belittlers conception laws made interpreted enforced men end set apart body men depositories law disciplined training character withdrawal usual temptations private interest may reasonably expected free impartial independent lot humanity admit strongly framers constitution bent securing reign law endowed judicial office extraordinary safeguards prestige one matter exalted public office righteous private motive judge case courts type controversy peculiarly fit judicial determination controversy calls question power decide controversies apt raise difficult technical problems usually involve judicial presuppositions textual doubts confused legislative history like factors hardly fit final determination party even statute deals relatively uncomplicated matter natural sense read common man appear give obvious meaning considerations underlying statute led conclude words taken quite simply see alexander milburn much true legislation like act act altered long process judicial history altered scheme complicated definitions limitations government invoked aid equity circumstances certainly covered act inescapable clarity colloquially speaking government mines employer sense owners coal mines employers men day government seized mines yet relation government men like relation government civil service employees department interior naive wilful assert scope act situation like presented bill raised question frivolous judge summarily thrown government without day obviously traveling outside orbit merely usurping judicial forms facilities may order issued disobeyed treated though letter newspaper short indisputable want authority part existence presupposes power entertain controversy decide deliberation power particular controversy whether defendant may brought bar justice defendant decide sure obvious limitation upon circumvented frivolous inquiry existence power unquestionably withheld thus explicit withdrawal federal district courts power issue injunctions ordinary labor dispute private employer employees defeated existing right strike thereby impaired pretending entertain suit injunction order decide whether jurisdiction case judge acting pretender wielder judicial power case required extended arguments lengthy briefs study reflection preliminary adequate discussion conference final conclusions reached regarding proper interpretation legislation controlling case majority brethren find neither act war labor disputes act limited power district issue orders review come contrary view suggest right de ermine complicated novel issue brought within cognizance district eventually deny place judiciary scheme government district power decide whether case properly make appropriate orders afford necessary time fair consideration decision existing conditions preserved say authority may flouted time necessary decide reject requirements judicial process mitigate defiance law urge liberties collective action workers stake prized liberties independent judiciary liberties may often vindicated real controversy appeal made law issue must left judgment courts personal judgment one parties principle postulate democracy join opinion insofar sustains judgment criminal contempt upon broad ground vindicating process law records full cases civil criminal involving life land small sums money proceeded consider federal claim obviously frivolous retained cases power final judgment though claim eventually turned unfounded judgment one denying jurisdiction either case came case us district power preserve existing conditions discharge duty permit argument take time required consideration might need decide whether controversy involved labor dispute act applied shipp howat state kansas country law body technicalities keeping specialists service special interest free society without law administered independent judiciary one man allowed determine law every man means first chaos tyranny legal process essential part democratic process legal process subject democratic control defined orderly ways part law democracy power implies responsibility greater power defies law less tolerant defiance nation ultimate judicial tribunal beyond organ society trustee law charged duty securing obedience remains state basis disagreement views bearing act stat war labor disputes act stat appendix former relies essentially general doctrine excluding government operation statute named legislative history act find countervailing considerations weightier act deprived federal courts jurisdiction issue injunctions labor disputes except conditions relevant question equity therefore whether case presents labor dispute efined act section defines disputes term dispute includes controversy concerning terms conditions employment regardless whether disputants stand proximate relation employer employee controversy district comes within definition need labored controversy arising contract concerned conditions employment therefore dispute whatever radiations dispute may deems appropriate interpolate exception regarding labor disputes government party invokes canon construction according government excluded operation general statutes unless included explicit language act specific origins definite purposes confined artifical canon construction title act gives scope purpose terms act justify title act define limit jurisdiction courts sitting equity deal rights parties power courts statute says shall jurisdiction equivalent phrase congress concerned withdrawal power federal courts issue injunctions defined class cases nothing act remotely hints withdrawal power turns character parties reference parties underscores irrelevance issue jurisdiction power courts withdrawn labor dispute whether disputants stand proximate relation employer employee limitation jurisdiction depends entirely subject matter controversy section defines case shall held involve grow labor dispute case involves persons engaged industry trade craft occupation direct indirect interests therein employees employer members affiliated organization employers employees neither context content act qualifies terms section suit brought government lewis mine workers labor dispute within terms already indicated finds exception limitation act placed upon equity jurisdiction district act outside invokes canon construction sovereign presumptively intended bound statute unless named best canon like generalities statutory construction rule law whatever persuasiveness may construing particular statute derives subject matter terms enactment total environment rule historical basis english doctrine crown unaffected acts parliament specifically directed presumption aid consistent construction statutes enacting sovereign purpose doubt require aim statute fairly inferred disregarded explicitly stated wrote late chief justice whole state california point view recently applied rice one thing read statute bind sovereign restrictions impose upon duties applicable ordinary citizens quite another interpolate statute limiting jurisdiction cou qualification limitation apply government invokes jurisdiction decision gives countenance doctrine interpolation text context content historical setting act converge indicate unrestricted withdrawal congress federal district courts power issue injunctions labor disputes excepting circumstances explicitly defined present meaning reading text conveys confirmed history led congress free federal courts entanglements industrial controversies use injunction subordinated abstract canon construction carries residual flavor days personal sovereign moreover rule proves much must explicitly named affected limitations imposed laguardia act upon district jurisdiction deprive remedies therefore accordingly courts limited jurisdiction party act apply proceeding complainant mean order protect public interest may jeopardized much whether essential industry continued private control temporarily seized government behest attorney general issue injunction courts issued debs hayes railway shopmen injunctions injunctions secured attorney general claim compelling public emergency gave powerful momentum enactment act history familiar rehearsed surely surprising conclude long persistent effort take federal courts industrial conflict insofar labor injunction put found way statute books act failed meet grievances dramatic deepest memory concerned legislation urged however legislative history cuts might otherwise scope act reliance placed statements two representatives house debates bill calculated show congress purposed exclude limitation jurisdiction district courts labor disputes involving government least injunctions sought attorney general since statements came spokesmen bill carry weight nature remarks circumstances delivered well setting define meaning significance given gloss upon act house amendment representative blanton made act applicable government petitioner representative laguardia opposed amendment remarking see possible way brought provisions bill read apart meaning afforded context debates whole course legislation mean jurisdiction grant debs injunction continued unaffected one startled conclusion laguardia fact situation like present government time ome relation labor dispute essentially private industry evidently thought congress certainly discussed laguardia statement regarding position act followed reading person deemed interested labor dispute industry trade craft occupation dispute occurs brief elliptical remark plainly conveyed business government trade craft occupation made unequivocally clear colloquy followed blanton inquired whether laguardia willing army navy form labor union affiliate american federation labor permit government preserve rights short answer laguardia made subject provisions act employer mean private employer instead laguardia replied army navy trade craft occupation short scope limitation upon jurisdiction courts depended party subject matter representative blanton amendment rejected second representative upon relies michener said remembered bill attempt legislate concerning government employees believe enactment bill law take away federal government rights existing law seek obtain injunctive relief necessary functioning government later added deals labor disputes individuals government involved notion bill government function injunction necessary order carry purpose government like see clarified want go record saying interpretation bill federal government time prevented applying injunction one necessary order government may function id michener gave interpretation survived act precisely claim government asking debs injunction injunction sought granted order government might function insofar michener statements imply get debs injunction understanding belied whole history legislation reflected terms statements mean say employees treasury department enjoined government go representative michener view injunction issue attempt made make view explicit act discussed one statement appears share event imply broader exemption representative laguardia spoke noted discussion house llowed passage senate subsequently became act matter history senate judiciary committee drafting driving force behind bill bill extended consideration subcommittee senate judiciary committee followed weighty reports full discussion senate floor pointed suggestion hint senate proceedings withdrawal jurisdiction issue injunctions labor disputes subject latent exception injunctions sought government whole contemporaneous history experience gave rise act underscores unrestricted limitation upon jurisdiction courts except situations one find implications fact course debates explicitly asserted district courts issue injunction labor controversy even behest government find silence congress revealing natural meaning legislation history begot remarks laguardia michener made equivalent writing amendment act one thing draw relevant aids shedding light dark places statute allow inexplicit remarks debate contradict terms legislation history behind put controlling light meaning shed explicit provisions act setting even assume act intended apply labor disputes involving miners case us within meaning interpolated exception hardly denied relation miners hybrid one clearly relation government employees plants government operation equally clearly relation status different relation status clerks treasury department never country history terms employment millions government service established collective bargaining conditions wages days vacations health welfare program fixed miners period government seizure proper interpretation collective agreement government mine workers precisely bottom controversy neither spontaneous sophisticated characterization resort phrase employees without speaking miners operation mines government concrete characterization status employees seized plants expressed secretary patterson hearing predecessor bill became law seizure made spoke role government receiver charged continuity operation plant nothing acts authorizing seizure private plants indicates employees plants considered employees usual natural meaning term full debates bills providing government seizure plants congressional leaders clearly indicated understanding law stood injunctions labor disputes seized plants understanding legal question emerged course considering need war legislation recent legislation history relevant merely show later understanding terms older statute war labor disputes act directly primarily involved case whole controversy arises authority seize mines given act real question us whether authorizing seizure operation congress also gave right prevent interference statutory operation equitable remedies invoked war labor disputes act congress created new relationship among government plant owners employees rights duties remedies incident relation given act congress naturally addressed possible interferences government operation seized plants dealt specifically subject gave government specific remedies might invoke interference remedy injunction given merely omitted fair reading legislative history shows expressly definitively denied reported senate committee provided plant seizure include injunction among remedies erference government operation bill reached floor senate senator connally sponsor bill offered urged amendment giving district courts jurisdiction restrain violations measure accepted somewhat reluctantly amendment senator wagner limit proposed amendment injunction behest attorney general precisely sought granted motion senator danaher proposal rejected senate full participated senators especially conversant history scope existing remedies available government remedy denied government bill passed sent house house like bill version see fit specifically add limited seizure provisions selective service act et although apparently assumed seizure existing law case failure defense plants produce result labor troubles instead house version provided stringent provisions plants private operation specific amendment act district courts authorized restrain violations provisions pro tanto repeal act made available remedy interference operation plants seized earlier act bill went conference came far material bill passed senate granted power seize ate defense plants whose production hampered labor disputes specific remedies formulated congress interference government operation injunction included neither house attempt made reintroduce connally proposal giving government relief injunction suggested government redress existing law floor senate senator thomas utah chairman committee education labor said president ask senator new mexico hatch senator connecticut danaher senator texas connally sponsor bill whether unanimous opinion part three great lawyers reopening district courts disputes like point made firmly strongly lawyer land like take advantage situation created mere mention words resort order confuse relations connally answered president think speak senator vermont senator new mexico senator connecticut also senator indiana van nuys although present say jurisdiction whatever conferred bill providing resort district except one mentioned senator connecticut merely right go civil action damages jurisdiction whatever given labor disputes answer senator thomas utah thank senator making statement hope satisfy lawyers country connally sure circumstances bill became law seizure giving rise controversy made law separate items legislative history judged isolation must considered together part course legislation dealing injunctions labor disputes find government right senator connally amendment sought confer congress withheld say voting amendment effect voting events since passage act underscore appear controlling legislative history war labor disputes act prove congress saw fit authorize district courts issue injunction cases like meet grave crisis growing trike railroads last may congress upon recommendation president attorney general deemed additional legislation necessary dealing labor disputes proposals house carried provision authorized injunction issue violation war labor disputes act senator mead proposed amendment delete provisions injunctions debates followed one suggested new proposal unnecessary jurisdiction proposed conferred already existed granted requested attorney general senator mead claimed repeal pro tanto act debates show clearly contemplated change war labor disputes act whereby new additional remedy authorized bill never became law well known debates clearly show senator connally admitted war labor disputes act directed primarily stoppage coal mines situation congress feared exactly occurred underlies controversy deal situation congress gave power seize mines effectuate power government given authority invoke criminal penalties interferences operation mines senator connally sought wanted congress empower district courts enjoin interference senate want injunction issue voted proposal senate position adopted conference committee house representatives yielded view approved conference report whole course legislation indicates congress withheld remedy injunction holds congress authorized injunction concur opinion insofar inconsistent views compulsion ruling majority jurisdiction issue orders join judgment justice black justice douglas concurring part dissenting part reasons given opinion agree neither act war labor disputes act barred government obtaining injunction sought proceedings disputes congress concerned laguardia act private employers employees disputes act drastically limited jurisdiction federal courts barred relief injunction except narrow circumstances whether injunction sought private employers government anyone else attention congress neither focused upon purport affect disputes called government employees never intimation progress act pa sage labor dispute within act meaning arise claims government asserted collectively employees interior state justice government department congress never history provided program fixing wages hours working conditions employees collective bargaining working tions government employees subject collective bargaining settled result labor disputes require specific congressional language persuade us congress intended embark upon novel program treat government relationship giving rise dispute industrial sense doubt miners became government employees government took mines assumed complete control mines operation fact utilized managerial forces private owners detract government complete authority whatever control government agents delegated private managers agents full power take away exercise thought contended government possession operation mines genuine merely pretended say act barred proceedings anything less full complete government operation make proceeding equivalent government seeking injunction benefit private employers think act prohibits read war labor disputes act president order taking mines background circumstances prompted think apparently contrary implications regulations government operates mines account matter law work period complete government control employees government since act inapplicable agree district power proceedings enter orders necessary protect government invasion rights asserted pending adjudication controversy complaint presented therefore unnecessary us reach question whether district also power enter orders doctrine shipp ann cas agree power summarily coerce obedience orders subject defendants con itional sanctions necessary compel obedience agree civil contempt proceedings compel obedience necessary abide procedural safeguards surround trials crime without coercive powers courts settle cases controversies courts administer justice persons left free pending adjudication engage conduct either immediately interrupt judicial proceedings change status quo subject matter controversy effective judgment rendered disorder courtroom near interrupt trial disobedience affirmative order typical examples offenses must necessarily dealt summarily remove imminent interference orderly judicial proceedings courts must power act immediately recognition fact contempt power came existence power ancient always exercised courts express recognition congress name contempt exercises coercive power however purpose compelling future obedience imprisoned keys prison pockets nevitt obedience valid order end confinement coercive power contempt proceeding ends order obeyed gompers buck stove range see also doyle london guaranty accident district enter conditional decree modified district decree provide part judgment coercive sanction form conditional fine agree decision respect gompers decision many others pointed object coercive contempt proceedings punish offense public compel obedience valid orders yet decision also approves unconditional fines criminal punishment past disobedience agree aspect judgment early date declared recently reiterated contempt proceedings courts never exercise least possible power adequate end proposed anderson dunn wheat michael certain circumstances criminal contempt culminating unconditional punishment past disobedience may well constitute exercise least possible power adequate end proposed thus situations warrant use coercive sanctions first instance criminal punishment might appropriate later stage defendant persist disobeying order without considering constitutional requisites criminal punishment believe application inappropriate improper imposition criminal punishment exercise far least possible power adequate end proposed great legitimate proposed affirmative action defendants prevent interruption coal production pending final adjudication controversy coercive sanctions sufficient accomplish end justified record doubt conditional civil sanction bring least prompt unequivocal obedience order criminal punishment past disobedience accomplish vindication district authority continuing defiance consequently believe accomplishment justifiable proposed called summary criminal punishment designed deter others disobedience orders avenge public wrong rather imposition coercive sanction reasons stated justice rutledge think flat criminal fine defendant union excessive constitutional statutory standards determining whether criminal punishment coercive sanction employed proceedings question motivation relevant difficult questions law presented case plain defendants acted willfully knew disobeying order appear believed good faith though erroneously acting within legal rights many lawyers advised excuse conduct whole situation emphasized duty testing restraining order orderly appeal instead disobedience open defiance however said cooke intention acts contempt committed must necessarily properly important bearing degree guilt penalty imposed think significant conduct prohibited restraining order violation defendants punished contempt also punishable war labor disputes act act provides maximum punishment fine one year imprisonment interfere operation mines taken defendants tried statute punishment limited thereby trial enjoyed constitutional safeguards bill rights whatever constitutional safeguards required summary contempt proceeding whether criminal punishment imposition coercive sanction must ever mindful danger permitting punishment contempt imposed conduct identical offense defined made punishable statute michael situation grave emergency facing country district acted called strongest designed produce quick unqualified obedience order fine defendant lewis fine defendant union treated coercive fines necessarily excessive payable defendants continued disobey order defendants avoid payment purging price continued disobedience amount fines see doyle london guaranty accident supra page page fines fixed produce greatest likelihood compel obedience modify district decrees making entire amount fines payable conditionally december lewis directed mine workers return work midnight march far aware notice purported terminate contract withdrawn thus partial compliance temporary injunction hence judgment provide defendants pay respective fines event full unconditional obedience temporary injunction including withdrawal notice purported terminate contract day certain justice murphy dissenting objective reading act removes doubts meaning applicability facts case section provides clear unmistakable language shall jurisdiction issue restraining order temporary permanent inj nction case involving growing labor dispute language repeated sections act sufficient dispose case without ado proper recognition given background purpose act becomes apparent implications today decision cast dark cloud future labor relations due recognition must given circumstances gave rise case government confronted necessity preserving economic health nation dire distress eventuated abroad prolonged strike bituminous coal mines imperative effective action taken break stalemate factors permit conversion judicial process weapon misapplying statutes according grave exigencies moment tragic consequences even serious lasting temporary dislocation nation economy resulting strike miners whole thrust act directed toward use restraining orders injunctions cases arising labor disputes private employers private employees setting abuses federal equity power flourished abuses led adoption act application act instant situation thus clear denied case one growing labor dispute private coal operators private miners matter common knowledge executive order authorized secretary interior take possession operate coal mines explicitly stated action taken result existing threatened strikes labor disturbances strikes labor disturbances grew relations operators miners government recognized fact subsequent refusal negotiate miners demands insistence demands addressed private mine owners precisely situations arising disputes nature congress said shall jurisdiction issue restraining order injunction crux case whether fact government took possession operation mines changed private character underlying labor dispute operators miners make inapplicable act answer clear much said government status employer miners status government employees following seizure opinion miners remained private employees despite temporary gloss government possession operation mines bear resemblance whatever employees executive departments independent agencies branches government said done obvious fact remains case involves grows labor dispute operators miners government seizure mines hide change fact indeed seizure took place existence dispute thought solution might thereafter result dispute however survived seizure still much alive still retains private character operators one side coal miners important point overemphasized congress decreed strikes labor ances growing private labor disputes dealt means federal restraining orders injunctions confirmation needed found terms history war labor disputes act clearly enunciated policy making injunction illegal congress made exception public interest stake government seized private properties involved congress provide done yet free sanction use restraining orders injunctions case nature government seizure coal mines thus becomes irrelevant issue federal equity power issue restraining orders injunctions simply invoked case since grows private labor dispute makes difference party seeking proscribed relief government rather private employer touchstone act existence labor dispute status parties among specific evils framers act mind injunctions secured government debs hayes railway shopmen cases act drawn prevent among things recurrence injunctions government concededly obtain injunction private labor dispute seizure private properties matter great public interest dispute might permit government obtain injunction seizure equally flout language policy act whatever capacity government acts statute closes doors federal courts restraining order injunction sought case arising private labor dispute moreover seizure alone justifies injunction contrary expressed congress future government easily utilize seizure subterfuge breaking strikes private industries emergency power seize private properties behest employers whenever strike threatened occurred finding public interest peril restraining order secured specious theory government acting relation employees workers effectively subdued impact restraining order contempt proceedings strike broken properties handed back private employers essentially happened case makes decision today full dangerous implications future moreover government use seizure power repudiate act intervene injunction private labor disputes policy determined congress function sanction policy congress remained silent congress spoken time enough consider constitutional issues raised application policy since view restraining order temporary injunction case void without effect remains contention defendants guilty criminal contempt willfully ignored void restraining order said district power preserve existing conditions determining authority grant injunctive relief hence defendants acted peril disobeying restraining order eloquent pleas made supremacy judiciary individual requirement son obey orders reversed orderly proper proceedings heavy emphasis placed upon shipp arguments seductive attractiveness ordinarily course better policy obey void order run risk contempt citation general proposition individuals allowed judges validity orders issued aga nst problem raised violation restraining order case must viewed background language laguardia act unlike situations act specifically prohibits issuance restraining orders except situations involved exception favor restraining order serious doubt jurisdiction indeed prohibition restraining orders futile exception recognized minds lawyers judges boundless abilities raise serious jurisdictional objections congress flatly forbidden issuance restraining orders act follows order issued despite clear prohibition man held contempt thereof however unwise action may matter policy violates void order comes operation forbidding punishment contempt except disobedience writ process order rule decree command absolute outlawry restraining orders cases involving private labor disputes without reason issuance orders prior adoption act long tortured history time strikes broken merely issuance temporary restraining order purporting maintain status quo highly fluid character labor disputes delay involved testing order nature often resulted neutralizing rights employees strike picket often orders stabilize existing conditions called affirmative change restraining order instant case one example purporting preserve status quo actually commands defendants rescind strike thereby affirmatively interfering labor dispute congress well aware use restraining orders break strikes full consideration intentionally specifically prohibited use certain exceptions relevant free disregard prohibition hence doctrine shipp case relation whatever present problem case dealt order staying execution convicted felon order lay within recognized power validly prohibited congress naturally man violate order impunity acting unique field labor relations dealing type order congress definitely proscribed hold defendants contempt violated void restraining order must close eyes expressed congress whole history equitable restraints field labor disputes must disregard fact compel one obey void restraining order case involving labor dispute require tested appeal sanction use restraining order break precisely congress wanted avoid every reason supporting salutary principle shipp case breaks principle applied setting therefore reverse judgment district toto said actions defendants threatened orderly constitutional government economic social stability nation whatever may validity statements lack power ignore plain mandates congress impose vindictive fines upon defendants entitled judged according sober principles law judicial disregard congress decreed may seem justified moment view crisis gave birth case disregar may ultimately disastrous lasting effects upon economy nation action aggressive labor leader disobeying void order cause orderly constitutional government illserved misapplying law written inadequate though may meet emergency situation especially misapplicaion permits punitive sanctions placed upon individual organization justice rutledge dissenting case became cause celebre moment began good purpose served ignoring obvious fact affect judgment save perhaps steel us necessary essential accustomed behavior judges cases great small must render judgment evenly dispassionately according law given understanding ascertain apply man group law beyond protection yamashita dissenting opinion truths apply equally government power exerted citizen another nation courts tribunals stand partisans independent impartial arbiters see balance power right held even discharging high function courts like parties subject law majestic limitations free decide case otherwise conscience enabled see law commands justice frankfurter shown conclusively think policy act stat applies situation legislative history marshals accurately cogently compels conclusion war labor disputes act stat confirms applicability earlier statute excludes resort injunctive relief enforcement provisions situations sort act expressly provides remedies enforcement beyond seizure plants mines facilities governmental operation exclusively criminal character include injunctive equitable relief omission unintentional due oversight specific deliberate senate thoroughly considered debated various proposals authorizing equity intervene labor disputes one act sponsor body positively repeatedly unwaveringly rejected likewise rejected conference senate view prevailed house latter body inattentive problem sought failed secure thing says effect included issue policy indeed main thrust focus legislative struggle outcome negative positive conclusive using giving equitable remedies surely come far toward complete inversion legislative history write law views concerning matter major policy held chamber prevailed final stage enactment write law diametrically opposing views another chamber yielded time case justice frankfurter demonstrates beyond doubt one inattention oversight inaction may explain give significance done house representatives body defeated simply silent outcome willingly otherwise acquiesced senate policy refusing authorize injunctive relief joined formally effectively final act made policy law means congress action simply confirm act policy leave untouched respect situations within war labor disputes act coverage means congress departing nullifying policy rather later act congress adopted policy long prevailing national policy situations senate end congress declining expressly authorize labor injunctions turn squarely nullify refusal breath merely virtue fact employees seized plants necessarily made subject temporarily ultimate governmental operating direction control attribute congress intent plicitous thus construe act bring provision temporary control collision remedial provisions history shows intended apply find congress guilty using devious method achieving indirectly exactly thing expressly declined words employee purposes case employer employee none appear statute given effect consistently function write act judicial interpolation remedial provisions congress flatly finally declined incorporate whether congress acted wisely refusal concern irrelevant act meaning purpose effect good reasons indeed strong ones congress continue follow act policy rather break away crucial time statute practically every industrial mining facility together many subject seizure governmental operation introducing labor injunction act structure therefore tantamount repeal act duration emergency powers since seizure authorized whenever president find investigation proclaim interruption operations result strike labor disturbance ready means thus made available statute purpose suspending policy provisions case might become operative congress thoroughly familiar history effects injunctions labor disputes long settled national policy universal abhorrence ranks labor however otherwise divided toward view things congress well may felt think feel brother recital history shows unnecessary unwise perhaps even harmful furtherance war effort substance repeal norris laguardia policy duration war emergency thus resurrect critical situation long disused instruments act outlawed important connection rather year war labor disputes act adopted yet hump war neither reached peak labor disturbances came active hostilities ceased two years later great body american workers bending patriotic duty peak production war purposes comparison occurred fighting ended volume lost later postwar peak loss moreover time war labor board specially constituted deal disturbances functioning high degree efficiency settlement nevertheless strong feeling labor disputes allowed interrupt war production regardless cause blame arose demand effective powers deal setting meet problems thrown later one controversy arose war labor disputes act adopted act exactly title indicated measure dealing labor disputes emergency war congress true anticipated limited period end fighting emergency powers needed mean powers shaped measured scope meet situations since arisen vastly changed circumstances congress intended met repealing settled policy injunctions labor disputes sweeping manner accomplished decision contrary june congress dealt situation refused authorize relief situation demand view considerations believe congress effect indirection exerting war power greatest possible extent thereby either repealing suspending nation settled policy injunctions labor disputes rather conclusion inescapable congress relying exclusively upon added powers enforcement expressly conferred act namely power seizure force criminal sanction accomplish needed results powerful sanctions carried added great sanction aroused public follow simply upon interruption essential war production particularly upon event facility taken operated governmental auspices congress mature deliberation concluded sanctions adequate reason made exclusive way repeated final refusals confer strenuously sought equitable remedies made consistent legislative general history given meaning effect construe act permitting congress thus explicitly refused allow go beyond function intrude upon congress right power situation presented facts case one goes beyond powers congress conferred dealing matter congress consideration correction accordingly upon specific terms war labor disputes act upon legislative history summarized justice frankfurter upon historical setting statute enacted defining problems designed meet together shaping nature scope measures required meet conclude act way impaired contrary adopted incorporated policy act concerning issuance injunctions labor disputes ii conclusion substantially compels one shipp valid application situation presented case yet expressly denied rather repeatedly confirmed congress power control jurisdiction inferior federal courts appellate jurisdiction art iii ex parte mccradle wall lockerty phillips authorities cited see warren new light history federal judiciary act power includes power deny jurisdiction well confer ibid congress acted expressly exclude particular subject matter jurisdiction except original jurisdiction know decision holds exclusion invalid refusal obey orders judgments contravening congress mandate criminal affords cause punishment contempt law result nullify congressional power federal jurisdiction great volume cases become law every case raising question frivolous co cerning jurisdiction enter order judgment punishment contempt may imposed irrevocably simply upon showing violation consequences equally serious force rule making party act pain certain punishment regardless validity order violated jurisdiction enter determined finally upon review compel submission also practical effect many cases terminate litigation foreclosing substantive rights involved without possibility effective appellate review determination true instance wherever substantive rights asserted opportunity exercising vanish obedience challenged order cf ex parte fisk first amendment liberties especially vulnerable nullification control thus constitutional rights free speech free assembly brought naught censorship established widely areas merely applying rule every case presenting substantial question concerning exercise rights refused countenance view destructive fundamental liberties thomas collins constitutional rights nullified force invalid orders issued flat violation constitutional provisions securing void reason thing true also cases involving doubt statutory rights asserted benefit asserting vanish practical purpose obedience indeed often effects simply final orders entered determination upon merits interlocutory injunctions ex parte restraining orders laguardia act became law think war labor disputes act continued force policy labor disputes effect orders pointed officially generally merely failure maintain status quo pending final decision merits also often break strike without regard legality conclusive determination account thus render moot abortive substantive controversy every case therefore substantial doubt appears concerning either issues main cause jurisdiction issue interlocutory orders violation bring shipp doctrine play true indeed way found nullify constitutional limitations placed upon powers courts including control congress jurisdiction also liberties people placed largely mercy invalid orders issued without power given constitution contravention power constitutionally withheld congress ex parte fisk thomas collins supra indeed shipp doctrine thus broadly conceived go far toward nullifying historic jurisdiction others habeas corpus many situations cause commitment violation doubtfully valid order ground asserted release lack jurisdiction enter thus case party lewis imprisoned rather fined broad application made shipp decision dictate released habeas corpus even though held restraining orders beyond district jurisdiction issue orders valid purposes finally conclusively imposing punishment contempt regardless want power issue whether punishment fine imprisonment clearly follow cases criminal perhaps others lack jurisdiction furnish basis granting relief unless penalty found cruel unusual case fine excessive believe historic powers courts habeas corpus rights citizens confirmed long unbroken line overthrown subverted merely fact question power issue order violated may doubtful merely frivolous think shipp decision accomplished purported accomplish much certainly purpose overrule decisions thoroughly established trench heavily upon historic liberties constitution secure note taken fact great revolution hardly wrought unanimously without attentive recognition done indeed reference opinion previous decisions stated held true orders made jurisdiction make may disregarded without liability process contempt citing sawyer fisk rowland cases page page ann cas slightest suggestion reference otherwise purpose whatever impair force decisions much less overrule fact intent mentioned put aside inapplicable situation indeed gompers buck stove range decided five years shipp decision unanimous joined citing ex parte rowland page context consistent view doctrine therefore others like decided prior shipp case remained fully effective page page intimation otherwise necessarily given shipp decision reversed modified rowland case like way ex parte young opposing distinguished counsel pp concurred reaffirming rowland ruling harlan dissenting retracted former contrary view see note supra respect pages pages holmes spoke shipp case joined reaffirmation rowland doctrine gompers young opinions shipp dealing situation quite different ones presented previous decisions case none action violated order defeated jurisdiction enter order also proceed cause manner except deal matter contempt faced necessity taking action vindicate power hear determine main controversy well incidental one arising upon validity interlocutory order exactly situation presented shipp case conduct held contempt criminal violation turned lawful order taking appeal johnson case ousted altogether jurisdiction take action cause rendered cause moot thereby putting end proceedings concerning elsewhere shipp alleged conduct constituted therefore serious possible interference due orderly course administering justice utterly destroyed power courts act order violated made directly contravention act congress true fisk case think one rather made complete conformity statutes conferring authority take jurisdiction hear causes nothing violated either congressional mandate policy rights party moreover decision effective doctrine said put shipp choice obedience pain certain punishment regardless violated order validity invalidity ultimately determined review situation presented facts ruling properly made shipp convicted case came upon challenge limine event made upon ings contempt proceedings validity basis asserted invalidity order allowing appeal johnson case alleged want jurisdiction enter contention rejected order held valid connection stated determine jurisdiction doubtful cases statement ruling regardless violated order ultimate validity determined punishment contempt violating irrevocably imposed merely statement reason order validity holding jurisdiction course doubtful well clear cases determine whether federal circuit accordingly power pass upon johnson petition habeas corpus ruling alone consequence followed shipp held contempt proof still made done acts violation order thus conclusively determined valid last resort far cry holding punishment contempt laid irrevocably regardless outcome review concerning order validity ruling making void orders valid purposes punishment way contempt held order shipp violated invalid question presented shipp decision therefore fact simply application long established rule punishment contempt may inflicted proof violation valid order determined finally review overrule way inconsistent long prior course decisions holding order void want jurisdiction may disobeyed impunity pending depending upon determination invalidity appeal habeas corpus mode review gompers buck stove range supra ex parte young supra application circumstances presented settled rule one takes upon violate order thinks void thereby takes risk review sustained contrary event subject irrevocably punishment contempt ibid judgment rule properly applicable case one consistent settled unvaried course decision commands war labor disputes act act judicial code stat apart immediate interferences judicial proceedings presented section authorizes punishment contempt disobedience writ process order rule decree command said courts emphasis added section terms apart exceptions applicable limits power punish contempt violations lawful orders thereby necessarily excluding others purport make lawful purpose interlocutory orders issued without jurisdiction determined finally upon review case unlike shipp case way involves interference legal proceedings due course administering justice sense contemplated shipp decision trial appellate deprived defendant conduct jurisdiction power take action proceedings collateral main suit existed beginning controversy order therefore falls exclusively within concluding clause power punish contempt account violation depends command clause upon order lawful character since opinion order jurisdictionally invalid issued virtue war labor disputes act adoption act policy follows violation gave sufficient cause sustaining conviction contempt ex parte fisk supra lewis mine workers necessarily took risk order found valid review event punishment contempt apply take risk apply event even order found void beyond jurisdiction enter see dissenting opinion carter shipp case furnishes precedent view know contrary view long rejected think disturb depart settled course decision command writ mandamus excess jurisdiction sarily proceedings contempt obeying ex parte rowland power federal courts issue stay orders maintain status quo pending appeal like matters affecting jurisdiction except case original jurisdiction subject congress control control exercised view exclude jurisdiction cases character true think either subject mandate power punish contempt violation order issued contravention congress command ex parte fisk supra iii issues concerning manner contempt proceeding conducted great moment apart foregoing conclusions think dispositive controversy ruling upon character accede silence times system way courts perform function becomes important result respects matters procedure constitute essence ordered liberty constitution reason especially bill rights specific guaranties put around manner various legal proceedings shall conducted differentiate sharply procedures followed criminal proceedings civil ones differences mark one great constitutional divides separate zone punishment crime odious consequences giving civil relief consequences attend partially completely context one contempt idea criminal prosecution civil suit damages equitable relief hashed together single hodgepodge shocking every american lawyer citizens true act may give rise varied legal consequences never adopted rather constitution totally rejected continental system compounding criminal proceedings civil adjudications tradition exactly contrary maintain part bringing difference existing today individual freedom europe think constitution contemplated case admixture civil criminal proceedings one idea altogether foreign spirit question contempt power conferred adequate sustain judicial function civil criminal forms follow constitution permits lumping two together discarding criminal one procedural safeguards carefully provided every proceeding founders command impossible conceived procedures irreconcilably inconsistent many applied ously purpose create part judicial power even contempt wholly large free constitutional limitation pick choose conflicting civil criminal procedures remedies much less allow mixing civil remedies criminal punishments one lumped form relief indistinguishably compounding thus putting unlimited judicial discretion possibility applying standard measurement review done case done others true done simply loophole large breach left wall procedural protections thrown around citizen punishment crime recalled ruling upon shipp doctrine merely violation valid judicial orders also disobedience invalid orders issued excess jurisdiction becomes crime punishable summary proceedings criminal contempt although substantive rights involved litigation wholly civil ones vastly expanded area criminal conduct conception afford equally wide room dispensing criminal procedural protections unrestricted scope otherwise discretion present ruling concerning criminal civil proceedings contempt affords opinion system comprehend power unconfined anywhere within broad borders time large confusion swept away necessary case ask decide whether constitution criminal procedural protections thrown criminal prosecutions without suggestion explicit exception apply criminal contempt proceedings enough sure apply ruled repeatedly matter incontestably applicable may put issue preserved review case question cuts deeply application specific guaranty affects right insist upon benefit case characteristic long existing confusion concerning contempts manner trial among things frequently question nature character proceeding whether civil criminal determined end stage review rather opinion must beginning gompers buck stove range fact illustrates complete jeopardy rights placed nature proceeding remains unknown unascertainable final action review one thus placed continuing dilemma throughout proceedings trial concerning set procedural rights entitled stand upon whether upon criminal safeguards civil also know late appellate phase ended whether one group appellate jurisdictional procedural rules applies indeed may find right review taken either prematurely late depending entirely whether appellate finally concludes proceeding civil criminal character see swayzee contempt labor injunction cases precisely reasons confronted gompers case supra proceeding commingling civil criminal features refused countenance mixture finding proceedings civil held criminal penalty fixed terms imprisonment invalid said therefore procedure adopted punishment imposed answer prayer remedial relief equity cause imposed punitive sentence appropriate proceeding law criminal contempt result fundamentally erroneous action assault battery judgment entered defendant confined prison twelve months page page must punishments kept separate distinct must done entire proceedings punishment civil relief must correlated character proceeding procedural rights matters others involve substantial rights constitutional privileges distinct instances contradictory intermingled applicable criminal proceedings disregarded criminal penalty sought matters privilege presumption innocence necessity proof beyond reasonable doubt allowance costs appropriate mode attendant limitations time differences require important application observance rights others depend upon person charged entitled know beginning merely end intermediate sort proceeding involved said mere matter form manifestly every citizen however unlearned law mere inspection papers contempt proceedings able see whether instituted private litigation public prosecution left doubt whether relief punishment object view entitled informed nature charge know charge suit cruikshank page page rule incorporated also rule federal rules criminal applicable case terms rule charge criminal contempt required notice commanded notice state essential facts constituting criminal contempt charged describe done rule adopted outlaw frequent confusion criminal civil contempt proceedings following immediately suggestion made mccann new york stock exchange see also nye pages page flatly incorporates effect decision gompers case supra language used language constitution reinforced citation cruikshank case careful expressly overruling prior sixth amendment observed doubt announcing future constitutional requirement must complied result case accorded view required one know end litigation procedural rights trial may rights denied game criminal civil view seem one consistent whole spirit constitution nature free institutions constitutional guaranties applicable trials crime apply trials contempt excepting may wholly inconsistent nature execution function must perform said courts performing function constitution rather empowere perform order make constitution operative accordingly least greatest possible application phase work rule consistent place constitutional scheme michael hence whatever may true indictment jury trials see compelling reason whatever ing limitations sixth amendment none inconsistent due proper performance function criminal contempt least applicable virtue due process guaranty fifth amendment process law therefore prosecution contempt except committed open requires accused advised charges reasonable opportunity meet way defense explanation think includes assistance counsel requested right call witnesses give testimony relevant either issue complete exculpation extenuation offense mitigation penalty imposed cooke one case apart involving indictment jury trial held sixth amendment inapplicable proceedings whether case departure long established tradition criminal proceedings defendant entitled confronted witnesses departures made surely rights speedy public trial compulsory process obtaining witness favor assistance counsel defense gompers case held informed nature well cause accusation denied system person charged crime single exception contempts committed immediate presence way interference proceedings guaranties way inconsistent proper complete discharge function contempt seem essential conception fair trial fifth amendment due process clause comprehends assertion securing rights depends upon one one core right know charge suit comprehended procedural rights trial appellate courts without none asserted maintained denial right deferring decision handed opinion denial violation constitution rule told followed may followed make difference prejudice least two answers held denial constitutional guaranties trials crime prejudice kotteakos cases cited note prejudice important thing beyond knowing nature proceeding advance trial namely penalty iv penalty union excessive holds vice infected deeply proceeding said civil criminal two imposed single lump sum allocation specific portions among civil damages civil coercion criminal punishment government concedes part laid purpose trial state government refused speculate much imposed either instance distinct remedial functions teeth gompers previous decisions law fixed standards remedy neither identical congealable damages civil contempt amount injury proven gompers buck stove supra page page coercion may required bring obedience whether way imprisonment fine punishment cruel unusual case fine excessive within eighth amendment prohibition determining excessiveness criminal fines analogies legislative action opinion controlling government concedes eighth amendment limitation applies penalties criminal contempt civil contempt damages awarded exceed proven amount injury also concedes understand purely coercive relief greater necessary secure obedience view necessity allocation specific amounts order comply distinct standards rather punishment damages may lumped third undefined amount civil coercion whole mass sustained without reference constituent elements established standards measuring overall application eighth amendment limitation mass view maintains neither excessive obviously however distinct types functions relief lumped together single none long established bases measurement applied nothing apply speculate upon portion may laid compensate damages punishment civil coercion moreover district made findings whatever concerning amount civil damages sustained even assumed evidence sustain findings record none made contingent affording opportunity compurgation required coercive penalties follows basis except speculative imagination determine whether either excessive damages indeed coercive relief looking future penalty past crime state things utterly impossible perform function review manner heretofore required even within broad limits prescribed cases civil criminal contempt commingling various forms relief like proceedings deprives contemnors possibility scope relief given measured according law insubstantial deprivation hybrid proceedings produce hybrid penalties concealing punishment remedial criminal civil process discard constitutional procedural protections consequences convenience wholly discretionary impulse may command indeed extent allow adopted continental tradition civilians rejected case heretofore ever sustained conglomerate proceedings penalties government complainant seeking remedial relief sovereign seeking vindicate authority criminal penalty nullify long established limitations put courts wholly large limited nothing except unconfined discretion scope character relief allowable power take adequate measures violation clearly shown adequate proof made sustain proven violation criminal penalty within eighth amendment limits measure similar impositions placed congress damages proven found civil award commensurate finding coercion civil relief way imprisonment either case contingent final giving opportunity compurgation termination made penalty future limitations law prescribed apply equally government complainant whether one capacity others dispensed separately conglomerating single indiscriminate lump suit government another case others permit throw overboard limitations prescribed law make courts purely discretionary arbitrators controversies done system seemingly recognizes part revision makes district penalties lewis fine affirmed amount wholly changed character instead composite relief district made makes fine wholly criminal penalty thus effect increasing amount criminal imposition union fine though held excessive standard apparent replaced flat criminal fine plus contingent penalty said entirely civil coercion although strike ended december award civil damages allegedly sustained apparently eliminated thus purports make separate distinct items relief commingled district action opinion wholly disregards established standard measuring criminal fines well district function relating lewis union convicted indictment jury trial proceeding surrounded constitutional safeguards criminal prosecution violating war labor disputes act maximum fines applied act terms addition lewis imprisoned year opinion congress prescribes maximum penalty criminal violation statute penalty fixes maximum imposed whether conviction criminal proceeding violation contempt violating order observe temporarily gompers fine penalty case multiplied twice number times merely bringing civil suit securing temporary restraining order convicting person violates criminal contempt regardless order validity usual restraints criminal procedure way found dispense substantially protections relating course proceedings penalty relation flat criminal fine union disregard constitutional standards apparent measuring rod sum arrived appropriate lawful amount unable say unless indeed simply rough estimate union forced pay counts never criminal fine magnitude heretofore laid sustained far able discover treason one possible congress authorized one large moreover enumeration factors taken account indicates expressly read opinion one coercive effect imposition future though thoroughly settled contempt criminal punishment id past conduct gompers buck stove supra authorities cited thus effect imposes double coercive penalties view additional contingent award specific sole purpose think criminal fine constitutionally excessive far beyond heretofore sustained violation statute order also unlawful commingling civil coercive criminal penalties without essential contingent feature coercive phase prior decisions moreover district function first instance fix amounts criminal fines equity proceedings coercive relief appellate courts including one power revise fix awards purposes damages also sought review amounts awarded purpose consistency proof gompers buck stove supra criminal proceeding law even contempt function first instance fix fines function district ibid determine whether imposed excessive eighth amendment revision penalties therefore opinion fails unscramble coercive criminal elements prior decisions require done imposes grossly excessive criminal penalties determined amount wholly arbitrary estimate related previously established standard legislatively judicially fixed usurps district function flows part least basic error failure follow rule gompers cases civil criminal penalties also civil criminal proceedings altogether different separate things constitution must kept much involved controversy issues discussed issues main suit determined beyond function intimate opinion concerning beyond controversy whole lie still graver questions involve opposing claims concerning right strike power government keep nation economy going indeed grave matters right absolute power governmental system question provides power meet greatest crises equally certain government laws men possess power must exercised according law government including courts well governed must move within limitations means courts divisions agencies authority must act within limits respective functions specifically means case bound act deference mandate congress concerning labor injunctions judgment conscience conceive made crisis grave nevertheless view congress action unable believe acted meet authorized courts meet situation arose manner employed man group law subject valid commands government courts think congress forbidden use labor injunctions like cases conclusion end function modification policy made cases problem congress first instance courts justice murphy joins opinion footnotes taken possession mines pursuant executive order may president determining labor disturbances interrupting production bituminous coal necessary operation national economy transition war peace directed secretary interior take possession operate mines negotiate representatives miners concerning terms conditions employment president action taken constitution president commander chief army navy virtue authority conferred upon war labor disputes act stat section act authorizes seizure facilities necessary war effort president finds proclaims strikes labor disturbances interrupting operation facilities section directs authority section take possession specified facilities terminate ending hostilities authority section operate facilities seized terminate six months ending hostilities president december proclaimed hostilities terminated day note initial paragraph contract provided agreement secretary interior acting coal mines administrator authority executive order dated may mine workers america covers period government possession terms conditions employment respect mines government possession march subject national bituminous coal wage agreement dated april compliance executive order war labor disputes act agreement submitted approved national wage stabilization board see infra saving clause following form amended supplemented herein agreement carries forward preserves terms conditions contained joint wage agreements effective april march supplemental agreement providing six day workweek various district agreements executed mine workers various coal associations coal companies based upon aforesaid basic agreement existed march national bituminous coal wage agreement dated april letter also charged certain breaches contract government asserted significant changes government wage policy captain collisson also specifically denied breaches contract part government conferences carried without prejudice claims either party respect secretary krug defendant lewis met privately november november secretary krug advised attorney general whose opinion sought agreement longer force judicial code pertinent part order follows therefore day november defendants agents servants employees attorneys persons active concept participation hereby restrained pending order fr permitting continue effect notice heretofore given defendant john lewis secretary interior dated november issuing otherwise giving publicity notice effect agreement future date terminated said agreement shall future date nugatory void time government possession bituminous coal mines breaching obligations said agreement coercing instigating inducing encouraging mine workers bituminous coal mines government possession person interfere strike slow walkout cessation work otherwise operation said mines continuing effect aforesaid notice issuing notice termination agreement means device interfering obstructing exercise secretary interior functions executive order taking action interfere jurisdiction impair obstruct render fruitless determination case ordered restraining order shall expire november unless time order good cause shown extended unless defendants consent may extended longer period ordered plaintiff motion preliminary injunction set hearing november stat grounds offered motion temporary restraining order void case involves grows labor dispute provisions act stat provisions section clayton act honorable without jurisdiction cause equity acts plain adequate complete remedy law allegations petition rule purport show violation war labor disputes serious field place equity intervention observance strict rules criminal procedure required establish criminal contempt apparent alleged facts set unverified petition affidavit captain collisson filed support rule based wholly upon hearsay information belief sufficient sustain rule show cause ject petition rule necessarily punitive compensatory accordingly criminal contempt petition presented independent proceeding supplemental original cause temporary restraining order beyond jurisdiction honorable therefore void contravenes first fifth thirteenth amendments constitution stat american steel foundries central trades council duplex printing press deering hutcheson see also allen bradley local union international brotherhood electrical workers hutcheson shall jurisdiction issue restraining order temporary permanent injunction case involving growing labor dispute prohibit person persons participating interested dispute terms herein defined whether single concert following acts ceasing refusing perform work remain relation employment becoming remaining member labor organization employer organization regardless undertaking promise described section act paying giving withholding person participating interested labor dispute strike unemployment benefits insurance moneys things value lawful means aiding person participating interested labor dispute proceeded prosecuting action suit state giving publicity existence facts involved labor dispute whether advertising speaking patrolling method involving fraud violence assembling peaceably act organize act promotion interests labor dispute advising notifying person intention acts heretofore specified agreeing persons acts heretofore specified advising urging otherwise causing inducing without fraud violence acts heretofore specified regardless undertaking promise described section act used act purposes case shall held involve grow labor dispute case involves persons engaged industry trade craft occupation direct indirect interests therein employees employer members affiliated organization employers employees whether dispute one employers associations employers one employees associations employees one employers associations emp oyers one employers associations employers one employees associations employees one employees associations employees case involves conflicting competing interests dispute hereinafter defined participating interested therein hereinafter defined person association shall held person participating interested labor dispute relief sought engaged industry trade craft occupation dispute occurs direct indirect interest therein member officer agent association composed whole part employers employees engaged industry trade craft occupation term dispute includes controversy concerning terms conditions employment concerning association representation persons negotiating fixing maintaining changing seeking arrange terms conditions employment regardless whether disputants stand proximate relation employer employee term means whose jurisdiction may conferred defined limited act congress including courts district columbia lewis trustee herron wall see guarantee title trust title guaranty surety california green wall stevenson american bell telephone dollar savings bank wall general words devised example person persons bodies politic corporate affect sovereign least may tend restrain diminish rights interests dollar savings bank wall prohibition intended reach government use known rights remedies language must clear specific effect stevenson cases question present case whether divested certain remedy statute rule law without express reference made remedy generally unavailable interpretation act determining jurisdiction authority courts jurisdiction authority herein defined limited public policy hereby declared follows prevailing economic conditions developed aid governmental authority owners property organize corporate forms ownership association individual unorganized worker commonly helpless exercise actual liberty contract protect freedom labor thereby obtain acceptable terms conditions employment wherefore though free decline associate fellows necessary full freedom association designation representatives choosing negotiate terms conditions employment shall free interference restraint coercion employers labor agents designation representatives concerted activities purpose collective bargaining mutual aid protection therefore following definitions limitations upon jurisdiction authority courts hereby enacted cooper corporation fox amendment representative beck designed save right intervene injunction private labor disputes defeated ibid frequently mentioned government action connection railway strikes representative schneider stated also pointed enactment bill take away federal government rights existing law seek obtain injunctive relief deemed government officials necessary functioning government words tremendous field injunction still used effectively remain enactment bill wrightwood dairy duplex printing press deering cited instances consideration senate directed specific issue relationship employees use injunction government question primarily respect instances taken action private labor disputes silence upon status government employer inconsistent desires house exclude act disputes seeking relief employees american federation musicians see hutcheson accord weirton steel cf anderson bigelow upon act president based part seizure bituminous coal mines see note supra substitute bill embodied two amendments proposed senator connally floor senate section substitute bill originally limit issuance injunctions sought attorney general senator wagner proposal insert solely upon application torney general direction accepted great number references act made connection proposed taft reed amendments senators connally danahar expressed view senators apparently accord see wrightwood dairy mccaughn hershey chocolate duplex printing press deering section noted permitted issuing injunctions restrain violations act clear rejection proposal form event determinative significance case bar resorted district vindication right formal contract said operative period government possession mutually adopted parties concerned satisfactory solution grave situation district preserve existing conditions issued restraining order preliminary injunction effective contractual rights ascertained true action defendant lewis calling strike addition terminating contract suggests violation war labor disputes act senate disapproval ing injunctions avert latter event necessarily imply desire diminish contractual rights remedies see example thus legislative debates senator connally stated seem power authority sovereignty government comprehensive engaged war plant producing take take government plant much fee simple title see also id war labor disputes act provided whenever plant mine facility possession shall unlawful person coerce instigate induce conspire encourage person interfere strike wn interruption operation plant mine facility aid strike interruption interfering operation plant mine facility giving direction guidance conduct interruption providing funds conduct direction thereof payment strike unemployment benefits participating therein individual shall deemed violated provisions section reason ceased work refused continue work accept employment person willfully violates provision section shall subject fine imprisonment one year thus according revised regulations operation coal mines government control issued coal mines administrator july nothing regulations shall construed recognizing personnel officers employees federal government within meaning statutes relating federal employment see section also provides however personnel mines officers employees shall considered called upon executive order serve government negotiation agreement changes agreed upon therein approved national wage stabilization act thereafter president procedure provided war labor disputes act revised regulations operation coal mines government control regulations regulations regulations ibid party make judge validity orders issued act disobedience set aside courts impotent constitution fittingly calls power mere mockery gompers buck stove range broadly asserted judgment always nullity jurisdiction sort wanting held except case plain usurpation jurisdiction determine jurisdiction contested due hearing upheld decision unreversed binds parties thing adjudged treinies sunshine mining sunshine anthracite coal adkins stoll gottlieb matter federal jurisdiction often close question federal may either determine facts contested citizenship law whether case alleged arises law howat kansas russell locke app schwartz brougham oceanic steam navigation blake nesbet see alemite mfg staff see alemite mfg staff see salvage process acme tank cleaning process see leman bessette conkey mccann new york stock exchange accord case settlement gompers buck stove range main cause terminated parties compl inant require entitled compensation relief character following section rule regulates various aspects proceeding criminal contempt contempt committed actual presence upon notice hearing criminal contempt except provided subdivision rule shall prosecuted notice notice shall state time place hearing allowing reasonable time praparation defense shall state essential facts constituting criminal contempt charged describe notice shall given orally judge open presence defendant application attorney attorney appointed purpose order show cause order arrest defendant entitled trial jury case act congress provides entitled admission bail provided rules contempt charged involves disrespect criticism judge judge disqualified presiding trial hearing except defendant consent upon verdict finding guilt shall enter order fixing punishment conley kelly see national labor relations board well argued use word petition rule show cause adequate notice said magic word indicating proceeding criminal rather civil contempt moskovitz contempt injunctions civil criminal used contempt cases ambiguous fact punishment rather character purpose gompers buck stove range noteworthy also allegation affidavit defendants violation restraining order jurisdiction charge petition deliberately disobeying restrainorder indicates intention prosecute criminal contempt see point note supra points authorities support motion used similar language rule respect follows suggestion made mccann new york stock exchange notes rules criminal procedure advisory committee march cooke see michaelson section provides part cases arising act person shall charged contempt herein defined accused shall enjoy right speedy public trial impartial jury state district wherein contempt shall committed believe government admits defendants entitled jury trial applied instant contempt proceeding case arose act may always easy classify particular act belonging either one two classes may partake characteristics bessette conkey see lamb cramer merchants stock grain board trade chicago patent cases usual embrace one proceeding public private punish defendant found worthy punishment time alternative assess damages costs benefit plaintiff hendryx fitzpatrick examples procedure appear union tool wilson matter christensen engineering wilson byron jackson kreplik couch patents farmers mechanics nat bank wilkinson swan petitioner ayers merchants stock grain board trade chicago see phillips sheet tin plate amalgamated iron steel tin workers instances state courts include carey district jasper county iowa holloway peoples water grand lodge new jersey jansen impressed defendants attack pleadings insufficient support judgment civil contempt petition affidavit rule show cause expressly mention civil contempt remedial relief affidavit contained allegations interference operation mines governmental functions claims negative remedial coercive relief significantly affidavit charged disobedience restraining order failing withdraw notice assume defendants instantly aware usual remedy situation impose coercive sanctions act performed function civil contempt lamb cramer michaelson gompers buck stove range furthermore defendants counsel argument motion vacate remarked proceeding upon theory civil contempt attempted demonstrate inabi ity seek relief government suggestions fines defendants counsel argued excessiveness fines either civil criminal contempt criminal contempt apparently tried equity suit patent cases note supra practice followed matter christensen engineering bessette conkey city new orleans steamship wall none cases however affirmative discussion propriety proceeding manner compare gompers buck stove range ex rel west coal bittner nye cf nye union tool wilson merchants stock grain petitioner matter christensen engineering federal trade commission mclean son said criminal element dominant clear outset case true norstrom wahl rule federal rules civil procedure following section provides temporary restraining order expire according terms within time fixed order good cause shown extended like period sufficient cause extension conflict subsequent clause rule requiring motion preliminary injunction shall set hearing earliest possible time takes precedence matters except older matters character section judicial code extends th jurisdiction district courts suits civil nature common law equity brought mccrone case affirmed noted note conflict federal trade commission mclean son upon defendants rely leman gompers buck stove range parker judelshon black norstrom wahl see supra cf doy london guarantee accident see also chiles wall pound future law yale since view conviction contempt case act jury provisions laguardia act apply obvious reasons petitioners claim constitution affords right trial jury debs debs hayes unreported railway employees dept compare representative laguardia reply proposed amendment representative beck exempted operation act disputes welfare health lives public concerned parties labor dispute labor dispute involves obstruction instrumentality interstate foreign commerce laguardia claimed amendment order germane purposes legislation present bill refers disputes employees employer public fully protected penal statutes see statement representative schneider hearings subcommittee committee judiciary senate characterization accepted members committee approved bill id pp senator connally refers private employer continue operate supervisions governmen id see also one point referred employer id special context purposes discussion collective bargaining reference wages wages course government stand loco operation plant analogy equity receivership inapt limited sense employees plants receivership federal may considered employees since operation plant jurisdiction control officer one aware background mischief act intended remedy find intention congress allow injunctions labor disputes involving plants receivership compare brotherhood railroad trainmen enterprise lodge toledo series cases contributed feeling federal courts abused equity jurisdiction involving employees railroads equity receivership see gresham life walter quintin gresham cc xxiii xxv gregory labor law nelles strike legal examination receivership precedent labor injunction yale passim injunctions issue disputes involving employees railroads industries receivership operation federal courts nothing relevant construction statute warrants inference congress allowed injunction available disputes involving employees plants operation secretary interior see especially debates proposed amendment connally bill whereby senator connally sought add injunction remedy violation act connally provision limited plants government takes change act respect except one particular case langer president true unless section stricken bill portion act repealed danaher certainly overridden emphasis supplied see also statements senators taft vandenberg wagner compare senators revercomb barkley see colloquy senators connally vandenberg id quoted infra note stat sess see vandenberg anxious shall additional statutory protection uninterrupted production war necessities wondering whether order achieve purpose necessary impinge upon profound hostility always use injunctions labor disputes voted original act always felt one useful things ever matter fair play respect status courts substantially separate jurisdiction responsibility effect umpiring labor disputes wish ask able senator texas may proposal page provided person willfully violates provision act guilty felony subject fine imprisonment conclusive penalty necessary addition go back old injunctive process connection labor disputes connally legal inquiry really course might get along without provision like senator voted act favored policy embodied therein provision however applies plants taken government seems government operate plant widest fullest authority operate wants prevent interruption therefore attitude interested bill inserted section think bill seriously crippled eliminated think improved remaining think fatal strike provision hope done vandenberg thank senator frank statement government taken operation plant becomes essence government operation rather difficult resist argument government deprived instrumentality enforcement virtually sovereignty connally true vandenberg nevertheless apprehend fact inju ctive process restored senator bill reason appears additional amendment offered able senator ohio seems becomes decidedly offensive using word sense used reference amendment proposed senator taft authorizing injunctions circuit appeals request attorney general case failure obey orders war labor board whenever hindered reduced lockout strike otherwise applied apparently plants private operation compare bill passed house note id id compare earlier seizure provisions see stat see conference report sess senators mentioned connally managers part senate bill conference sess see particularly statements senator mead senator morse senator pepper pp senator wagner senator wheeler senator barkley senator fullbright senator connally said lewis appeared truman committee weeks ago happen member committee said regard agreement binding determined get bill senate going bring press order disregard agreement president government weapon meet threat danger see also references coal situation debates innumerable see analogy taking government leasehold interest property whole part see petty motor section selective service act stat granted power take immediate possession plant appropriate branch bureau department army navy manufacture therein product may required provides payment compensation paid rental use manufacturing plant used shall fair section war labor disputes act stat extended authority include power take immediate possession equipped manufacture production mining articles materials may required war effort whenever president finds proclaims interruption operation mine result strike labor disturbance exercise power authority necessary insure operation mine interest war effort see cooke fox contempt beale contempt early time richard iii said chancellor england compels party order issued imprisonment iii pl little later said chancery decree bind right binds person obedience party obey chancellor may commit prison till obey chancellor viii imprisonment means punishment merely secure obedience writ king within century doubtful chancellor circumstances inflict punishment disobedience decree decree commanded defendant transfer property chancellor acquired power early sixteenth century sequester property security performance decree act decree injunction chancellor helpless compel obedience imprisonment case contempt defendant violated decree chancery purged act commanded paying costs disobedience violation negative injunction purge contempt undoing done paying costs beale supra case contempt violating order decree equity entirely different problem limits proper action cases namely process imprisonment merely prevent violation decree imprisonment cease soon danger disobedience ceased jury hich thought necessary pass upon desert defendant suffer punishment required far therefore popular clamor demands trial jury case seems go beyond requirements justice statutes commit trial questions fact process jury likely permanently prove satisfactory statement however limited cases merely preventive imprisonment inflicts definite term imprisonment way punishment violation orders case differ seem case criminal contempt regular process trial jury required id see also debs gompers buck stove range gompers ex parte grossman ex parte hudgings michaelson blackmer nye bridges state california pendergast bradley frankfurter landis power congress procedure criminal contempts inferior federal courts authorities collected nelles king contempt publications cases like hard cases make bad law great cases called great reason real importance shaping law future accident immediate overwhelming interest appeals feelings distorts judgment immediate interests exercise kind hydraulic pressure makes previously clear seem doubtful even well settled principles law bend holmes dissenting northern securities whenever plant mine facility hereafter taken reason strike threatened strike threatened work stoppage cause plant mine facility shall returned owners thereof soon practicable event sixty days restoration productive efficiency thereof prevailing prior taking possession thereof emphasis added war labor disputes act act june stat whenever plant mine facility possession shall unlawful person coerce instigate induce conspire encourage person interfere strike interruption operation plant mine facility aid strike interruption interfering operati plant mine facility giving direction guidance conduct interruption providing funds conduct direction thereof payment strike unemployment benefits participating therein individual shall deemed violated provisions section reason ceased work refused continue work accept employment person willfully violates provision section shall subject fine imprisonment one year war labor disputes act issue avoided effect final legislative rejection nullified easy device resting power said exist upon common law rules statutory construction otherwise pertinent teeth congress positive refusal confer power fullest attentive consideration device conceals true issue see also note seizure witho ultimate control course halfway seizure operative management owners seizure control require mean control exercised labor injunctions inconsistency whatever conferring one power denying exactly congress done reference plants subject seizure power besides imputing congress purpose one hand denied done identification two distinct things serves confuse make obscure real question simply whether congress intended abrogate seized plants continue force established policy labor injunctions method exercising powers ultimate control conferred upon government section excludes carriers defined title railway labor act carriers air subject title ii railway labor act available statistics speak terms stoppages arising disputes lost strikes lost work stoppages lost strikes work stoppages see strikes bull bureau labor statistics work stoppages caused management disputes bull bureau labor statistics review disputes bureau labor statistics release january see note see hearings committee military affairs house representatives war labor board set deal industrial relations board may perfect record good record credit particularly consider great problems must deal number war labor board cases resulting plant seizures far statistics available follows four cases june date passage war labor disputes act december seventeen cases january december fifteen cases january august informed instance seizure except one consideration labor injunction issued behest government section provides possession plant mine facility shall taken authority section termination hostilities present war proclaimed president termination war labor disputes act authority operate plant mine facility provisions section shall terminate end six months termination hostilities proclaimed may noted december president proclamation announced end hostilities emergency powers conferred act terminate six months thereafter general common law rules statutory construction appropriate criteria determine issues case presents meaning act certainly rule equally applicable dictates statute provides specific remedies adequate enforcing provisions remedies alone deemed made available view legislative history case one turned opinion vague conveniently selective often con radictory canons construction sanction upon congress chosen rely ultimately instance railway labor acts though provision made preliminary resort processes conciliation mediation voluntary arbitration use ultimate economic force strike lockout sanction public opinion comes chiefly play see brotherhood railway trainmen enterprise lodge toledo peoria general committee adjustment brotherhood locomotive engineers whole policy sanctions provided worked successfully eliminate stoppages railway transportation june may fairly assumed congress declining authorize issuance labor injunctions conscious chose rely upon accepted sanction together specific ones conferred war labor disputes act especially account taken vast liberty called courts said case held fixing punishments contempts see part iv restraining order preliminary injunction invoked labor disputes reveal crucial points legal maladjustment temporary injunction relief without notice upon notice relying upon dubious affidavits serves important function staying defendant conduct regardless ultimate justification restraint preliminary proceedings words make issue final relief practical nullity suspension strike activities even temporarily may defeat strike practical purposes foredoom resumption even injunction later lifted frankfurter greene labor injunction essence strike keeping injunction alive dilatory tactics blunts edge effective instrument labor possesses namely strike bill us makes impossible secure restraining order except limited conditions set sections see also people ex rel sandnes sheriff king county misc see note ex parte fisk presents another clear illustration type right wholly nullified neral application alleged broad conception shipp doctrine circuit contravention explicit acts congress found ordered fisk submit oral examination trial removed civil cause examination justice according procedure prescribed state law state case removed fisk refused obey order standing upon circuit lack jurisdiction enter held contempt fined ordered imprisoned fine paid brought habeas corpus secure release imprisonment thus imposed held void order examination order commitment beyond circuit jurisdiction granted petitioner release custody said power examination conferred prohibited plain language equally plain purpose acts congress circuit therefore without authority make orders examination petitioner case equally without authority enforce orders process contempt pages page fisk submitted shipp said require done specific commands congress nullified right secured commands never vindicated statutes made dead letters indeed least one state held result follow dissenting opinion sawyer harlan stated view law see however note apparently also waite see reid independent union workers certiorari see dissenting opinion page page collateral attack upon labor injunctions issued disregard statutes yale people ex sandnes sheriff kings county misc see part iv ibid ex parte rowland ex parte fisk ayers sawyer burrus thomas collins arising state law see ex parte young cf pp collecting authorities sawyer case supra said case distinguished principle judgment common bench england criminal prosecution coram non judice case sentence passed circuit upon charge infamous crime without presentment indictment grand jury case marshalsea coke ex parte wilson ex parte bain page page hardly said sawyer decision went ground question jurisdiction enter order substantial view length detail opinion gave hint suggestion view also fact field concurred separate opinion waite harlan wrote separate dissents taking position accepts case see note supra harlan however receded view ex parte young supra dissented grounds pages pages see note ex parte rewland county commissioners disobedience order commanding collect certain tax moot controversy whether judgment debtor proceeding proper county official tax collector satisfy judgment forcing collection tax order held void action disobeying held contempt disobedience petitioner ex parte fisk deprived plaintiff suit use testimony defeat suit ability courts decide whether forced submit examination see note supra ex parte sawyer refusal city officials obey order enjoining removing police judge vitiate judicial power decide issue whether city officials possessed removal power controversy remained pointed determinable mandamus quo warranto held order invalid officials guilty contempt ex parte burrus refusal grandparents give child upon order issued federal destroy power already exercised though improperly held determine whether child properly custody custody father contempt order held void habeas corpus granted moreover none cases disobedience destroy jurisdiction trial appellate courts determine jurisdiction see note order allowing appeal directed proceedings stayed custody said appellant retained appeal see note reviewing order one violated statement made response counsel contention order allowing appeal void therefore support conviction contempt rejected premise conclusion basis counsel contention circuit lacked jurisdiction therefore also lacked jurisdiction brief stated question therefore whether johnson proceeding habeas corpus circuit fact constitute involves construction application constitution appellate jurisdiction proceed inquire whether order disobeyed jurisdiction hold purposes proceeding emphasis added elsewhere brief stated assume hardly contended mere allowance appeal sufficient give jurisdiction case nature appealable action pro forma necessarily every case jurisdiction always established ex parte order answer arguments government brief said one challenge jurisdiction circuit jurisdiction accordingly defendants deny jurisdiction simply corollary contention circuit possess jurisdiction jurisdiction dependent upon contentions jurisdiction take case retain final determination whether turns circuit jurisdiction see note argument made even circuit jurisdiction thus statement opinion even circuit jurisdiction entertain johnson petition jurisdiction appeal alone decide law page page means even circuit jurisdiction entertain johnson petition reason jurisdiction appeal etc held habeas corpus lie disobedience lawful erroneous order ex parte kearney wheat see also locke must corrected appeal tested disobedience willful disobedience injunction however erroneous issued jurisdiction injunction force unreversed constitutes contempt said injunction reversed appeal grounds violator may nevertheless punished criminal though civil contempt worden searls salvage process corporation acme tank cleaning process corporation distinguished cases congress provides adequate limited opportunity challenging validity administrative orders forecloses opportunity taken prescribed see yakus cf dissenting opinion page see also ruzicka falbo estep gibson different affording opportunity whatever except obedience yakus dissenting opinion page page thus civil law countries damages well penalties assessed criminal proceeding see schwenk criminal codification general principles criminal law argentina mexico chile comparative study goirand thompson french judicial system procedure french courts see also esmein history continental criminal procedure upon authorities following procedural provisions bill rights least seem apply criminal contempt provision double jeopardy see bradley provision gompers buck stove range provision due process insofar necessitates notice adequate opportunity appear heard blackmer although sixth amendment protections said apply criminal contempts myers blackmer page page see text infra doubtless least provisions speedy public trial process assistance counsel see cooke implied due process provision fifth amendment said protection cruel unusual punishments eighth amendment applies criminal contempt ex rel brown lederer also protections expressly included bill rights apply criminal contempt defendant presumed innocent must proved guilty beyond reasonable doubt gompers buck stove range see ex parte hudgings within limits sanctioned constitution power punish contempt committed presence controlled modes accusation methods trial generally safeguarding rights citizen however expresses purpose exempt judicial authority constitutional limitations since great purpose secure judicial authority obstruction performance duties end means appropriate preservation enforcement constitution may secured see part iv confusion least matter indictments jury trial cf note origin historical error exposed fox history contempt frankfurter landis power congress procedure federal study separation powers early part eighteenth century cases contempt even courts committed persons officially connected dealt ordinary course law tried jury except offender confessed offense committed actual view frankfurter landis supra instance precedents punishment otherwise trial ordinary course summary process however wilmot influenced star chamber procedure precedents although star chamber abolished stated usage punish contempts summarily almon case wilmot notes although opinion published years later ample evidence result private communication wilmot blackstone wilmot views found way phrase matter four volumes famous commentaries published frankfurter landis supra wilmot error bedevilled law contempt england country ever since id history furnishes slender thread indeed thinking constitution makers purpose apply usual procedural protections criminal contempts doubtful whether date constitution doctrine almon case supra form part common law adopted justice wilmot undelivered judgment lay concealed year far known cited english hearing burdett abbott first cited approval bench therefore adopted common law england establishment american constitution fox supra see note ruled consistently however rights proceeding begun indictment amend tried jury amend vi apply eilenberger district gompers debs defendants argued either district constitutionally entitled jury trial expressly waived open whatever rights advisory jury hand think act provisions adopted like cases cf part ii act force secured right trial jury forbade waiver otherwise writing federal rules criminal procedure rule civil cases rule appeal taken filing notice thereof time prescribed law generally though exceptions time three months mosier federal reserve bank criminal cases federal rules allow taking appeal filing notice appeal civil cases appeal must taken defendant within days entry judgment denial motion new trial rule nye held rather criminal appeals rules governed timeliness criminal contempt appeal new criminal rules seem apply criminal contempts moore see rules stat certiorari rules criminal procedure govern also difference civil cases time petitioning certiorari three months criminal cases petition must filed within thirty days entry judgment rule compare nye supra page page law prior new criminal rules largest present difference appeals civil criminal contempts connection appeal final judgment decree party suit may review upon appeal order fining imprisoning commission civil contempt fox capital cases cited compare lamb cramer hand contempt criminal may directly reviewed union tool wilson held contempt civil criminal criminal procedure governs purposes review may immediate review part civil part criminal union tool wilson supra page page nye pages pages contempt proceedings entitled conducted collateral civil litigation parties order contempt grounded upon disobedience restraining order issued course litigation conduct sustained either civil criminal penalty appeals held proceeding criminal held civil since collateral independent suit law vindicate public interest hence followed criminal penalty stand neither laguardia act war labor disputes act force throughout opinion insisted two forms relief altogether incompatible interchangeability two types proceeding necessarily commingling indistinguishable conglomeration imprisonment penalty criminal contempt imposed fixed terms civil contempt done power limited remedial coercive imprisonment person convicted comply order also fines civil contempt amount commensurate injury inflicted necessary secure compliance must contingent whereas limitation requiring correlation amount injury apply fines criminal proceedings pages pages distinction applies payment costs page page see part iv appear distinction paramount importance case gompers case main cause settled held required reversal dismissal contempt proceeding true one criminal contempt pages page factor relief opinion throughout uses alternative conjunctive language concerning two types proceedings civil contempts said original parties instituted tried part main cause hand proceedings law criminal contempt public defendant part original cause page page see also page page example frequently perhaps methods times securing appellate review time gompers decision included whether case reviewed writ error appeal page page cf bessette conkey see note see also note question character proceedings generally raised appellate determine whether case reviewed writ error appeal bessette conkey may involve much mere matters practice notwithstanding many elements similarity procedure punishment differences two classes proceedings involve substantial rights constitutional privileges without deciding may rule civil contempt certain proceedings criminal contempt defendant presumed innocent must proved guilty beyond reasonable doubt compelled testify bond jose state davis king ohio ry biss sabin fogarty drakeford adams page page see note see notes cf note criminal contempt except provided subdivision rule shall prosecuted notice notice shall state time place hearing allowing reasonable time preparation defense shall state essential facts constituting criminal contempt charged describe notice shall given orally judge open presence defendant application attorney attorney appointed purpose order show cause order arrest rule federal rules criminal procedure judge hand opinion mccann case reads part follows respondent often find hard tell whether prosecution remedial suit undertaken behalf client made plain judge enters order limine directing attorney prosecute respondent criminally behalf papers supporting process contain copy order allege contents correctly think unless done prosecution must deemed civil support remedial punishment nothing sort done order must reversed emphasis added possibilities confusion multiplied contempt instituted suit party since may bring civil fell criminal contempt proceedings mccrone said therefore proceedings civil contempt part original cause weight authority effect entitled therein practice hitherto unsettled respect treat controlling fact considered along others done worden searls determining similar question page page criminal prosecutions accused shall enjoy right speedy public trial impartial jury state district wherein crime shall committed district shall previously ascertained law informed nature cause accusation confronted witnesses compulsory process obtaining witnesses favor assistance counsel defence amend vi emphasis added ruling reversal required imposition criminal penalty proceeding held civil also order dismissal ground cause including contempt phase become moot see note supra cf michael dissenting opinion holmes toledo newspaper publishing michaelson substantial difference proceeding criminal contempt criminal prosecution indictment information latter act complained violation law former violation decree case latter accused constitutional right trial jury former see ex parte hudgings quoted note supra blackner ruling first made myers connection statutory venue problem relating judicial districts divisions correlative constitutionally right jury trial ruling reasserted ex parte grossman held pardoning power extended criminal contempts grossman case statement obviously dictum myers case dictum guaranties except perhaps trial district crime committed guaranty stated correlated jury trial stated note coercive relief civil character gompers buck stove decree imprisonment imposed defendant stand committed unless performs act required order done sentence discharged defendant carries keys prison pocket nevitt limitation corollary civil character remedy forbids imposition sentences coercive purposes gompers buck stove supra although coercive effects page page purpose character relief particular form determine limits page page citing doyle london guarantee accident hence fine used substitution coercive imprisonment also must contingent giving opportunity compurgation unless done fine takes punitive character doyle london guarantee accident supra defining nature character criminal penalties legislative judgment within authority confers judgment trial rather appellate courts widest range legislative experience judgment field therefore furnish measure entitled great instances think conclusive weight consideration allowable range punishment criminal contempts penalty undefined statute crime amount fine maximum treason fine au horized less rescue one convicted capital crime going execution fine may maximum fines set offering bribe judicial officer acceptance bribe judge maximum set mailing matter intent increase weight order increase compensation railroad mail carrier cases embezzlement like crimes fine may amount embezzled one instance twice amount ordinarily maximum allowed congress often less moreover congress fixed maximum fine criminal punishment act held contempt judgment seem furnish standard applied contempt proceeding see michael case war labor disputes act authorized fine imprisonment one year fines case flat fines imposed absolutely without contingency compurgation otherwise acted government recommendation union made basis day fourteen days elapsed restraining orders issued violations occurred part fine laid contingently upon future conduct penalties therefore seem strictly criminal criminal combined civil damages past conduct coercive sense coercive relief contemplated decisions see note although amounts fixed fine gave coercive effect popular sense ibid government asserted loss revenues chiefly relied purpose highly speculative rather proven amount injury followed strike arisen seizure damages may result strike whether government another seem speculative indirect within rule forbidding award damages hadley baxendale ex see notes order coercive fines reads analogy order coercive imprisonment cf note unless obedience order fine shall paid day certain default defendant shall imprisoned paid see doyle london guarantee accident case corporations unincorporated associations default provision either responsible officers imprisoned parker perhaps execution issue contemnor property see ridgewood garment compare stat see opinion rare instances federal courts consideration done see kreplik couch patents see also discussion way dictum hendryx fitzpatrick still instances two types contempt mingled without discussion see chicago directory directory see wilson byron jackson co dismissing jurisdictional reasons appeal order adjudging appellants guilty civil criminal contempt two capacities distinct identical true may exercised ultimately public interest capacity temporary government benefits status subject also limitations except congress otherwise provides jumble two pacities done nullify rights trial remedy employees others limitations upon criminal contempt procedural remedial always apply government alone bring proceeding defeat mingling proceeding relief civil ones merely virtue also complaining civil litigant see note supra ibid opinion imposing fine criminal contempt trial judge may properly take consideration necessity effectively terminating defendant defiance required public interest statement gompers opinion page page criminal penalties incidental coercive effects civil ones incidental penal effects intended contradict ruling criminal penalties imposed civil contempt proceedings therefore commingled indistinguishably