Bigelow v. United States, 16018.
Decision Date | 28 May 1959 |
Docket Number | No. 16018.,16018. |
Citation | 267 F.2d 398 |
Parties | Albert Smith BIGELOW, William Huntington, George Willoughby and Orion Sherwood, Appellants, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Ninth Circuit |
A. L. Wirin, Los Angeles, Cal., Fong, Miho, Choy & Robinson, Honolulu, Hawaii, for appellants.
J. Walter Yeagley, Acting Asst. Atty. Gen., Louis B. Blissard, U. S. Atty., Honolulu, Hawaii, for appellee.
Before BARNES, HAMLIN and JERTBERG, Circuit Judges.
This is an appeal after conviction and sentence of the United States District Court for the District of Hawaii for criminal contempts of court. 28 U.S.C. §§ 1291, 1294(1). The criminal contempt convictions resulted from disobedience of an injunction prohibiting the defendants from sailing their vessel, the Golden Rule, from Honolulu harbor, or otherwise moving it, without the permission of the district court. The purpose of the injunction was to prevent appellants from interfering with the "Hardtack series" of nuclear tests in the Pacific. The fact that appellants disobeyed the injunction is not disputed. Appellants seek to raise the issue of the constitutionality of a section of the Atomic Energy Act, as well as certain regulations issued by the Atomic Energy Commission pursuant thereto.
And in the words of Mr. Chief Justice Vinson, in the same case:2
We think this reasoning applicable here. The injunction is not "blatantly void" nor a nullity. A court has jurisdiction to determine its own jurisdiction. Sunshine...
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