Ex Parte Earman

• Decision Date: 15 March 1923
• Citation: 95 So. 755,85 Fla. 297
• Parties: Ex parte EARMAN.
• Court: Florida Supreme Court

95 So. 755

85 Fla. 297

Ex parte EARMAN.

Florida Supreme Court

March 15, 1923

Original petition by Joe L. Earman for writ of habeas corpus.

Petitioner discharged.

Ellis J., dissenting.

Syllabus by the Court

SYLLABUS

Tribunals and judicial officers protected from insult and interference by law. The Constitution (article 5, § 1) vests 'the judicial power of the state' in designated tribunals and judges, and such tribunals and judicial officers are by the law protected from insult and interference, for the purpose of giving them their due weight and authority in performing their judicial functions in the interest of orderly government.

Courts and judges have inherent power to punish for contempt. The courts and judges have, under constitutional government inherent power by due course of law to appropriately punish by fine or imprisonment or otherwise, any conduct that in law constitutes an offense against the authority and dignity of a court or judicial officer in the performance of judicial functions. And appropriate punishment may be imposed by the court or judge whose authority or dignity has been unlawfully assailed.

Validity of imprisonment for contempt may be tested by habeas corpus. When a court has adjudged an imprisonment for contempt of court, a superior court may, in appropriate habeas corpus proceedings, test the validity of the imprisonment by determining whether the court that imposed the sentence of imprisonment had jurisdiction of the person, had authority to render such a sentence, and had a proper predicate for its sentence in the charge and the proofs or admissions duly adduced before the sentence.

When habeas corpus lies to prove relation of one imprisoned for contempt stated. If a person is legally adjudged and imprisoned for contempt of court, and the penalty imposed does not violate fundamental rights, he will not be discharged from such imprisonment on habeas corpus; but, if the matters complained of in the contempt proceedings do not in law constitute contempt of court, an adjudication that they do constitute contempt does not make it contempt, and relief from imprisonment for matters not amounting to contempt may be had by habeas corpus.

Power of court in habeas corpus proceedings to determine validity of imprisonment for contempt of court stated. The power of the court, in habeas corpus proceedings, to determine the validity of an imprisonment for contempt of court, is not to test divergent contentions as to the weight of the evidence adduced in proceedings to punish as for a criminal contempt of court, when the hearing of conflicting evidence is appropriate, but the functions of the court in habeas corpus is simply to consider the legal question, whether the evidentiary facts found by the court in adjudging the contempt, had any reasonable tendency to sustain the action taken based upon the finding by the court.

At common law, if party could clear himself on oath, he would be discharged, but if perjured might be prosecuted for perjury. In contempt proceedings at common law, 'if the party can clear himself upon oath, he is discharged; but, if perjured may be prosecuted for the perjury.'

In constructive contempt, if party charged fully answers all charges, he is to be discharged. In proceedings for alleged constructive contempts, except, perhaps, where they are to enforce a civil remedy, if the party charged fully answers all the charges against him, he shall be discharged.

Imprisonment held improper, where intent to reflect on court denied. In contempt proceedings for writing a letter to a judge relative to a case pending before the judge, and for publishing the letter to others, with statements that reflect on the judge where the person so charged denies on oath making the statements, and denies an intent to reflect on the judge in writing the letter or in showing it to others, and the letter is not clearly contemptuous in its import, imprisonment should not be adjudged; but, if perjury is committed in the denials made, a prosecution therefor may be had in due course of law.

COUNSEL

J. B. Hodges, of Lake City, Frank A. Pettibone, of West Palm Beach, and Sydney H. Diamond, of Tallahassee, for petitioner.

Blackwell, Donnell & McCracken, H. J. Quincey, C. E. Chillingworth, Edgar C. Thompson, George W. Coleman, Bert Winters, D. L. Southard, Ray Griffin, Roebuck & Roebuck, John Ziegler, James O. Watson, L. R. Baker, Sidney J. Catts, Jr., and C. D. Abbott, all of West Palm Beach, and C. L. McCoy, of Lake Worth, for respondent.

In a petition for a writ of habeas corpus filed in this court, it is alleged that the petitioner is illegally deprived of his liberty by the sheriff of Palm Beach county, Fla., by virtue of a judgment and commitment in contempt proceedings before the judge of the Fifteenth judicial circuit.

It appears that the circuit judge issued a rule against Joe L Earman setting forth:

'That Joe L. Earman, judge of the municipal court of the city of West Palm Beach, Florida, did, on the 25th day of January, A. D. 1923, at which time there was pending in the said circuit court the case of Edwin Antelo, petitioner, against Leonard Bailey, chief of police of the city of West Palm Beach, defendant, the same being a petition for writ of habeas corpus, write to the judge of the Fifteenth judicial circuit, a letter regarding said case of Antelo v. Bailey, which letter was in the following words, to wit:

"West Palm Beach, Florida, January 25, 1923.

"Hon, Edwin C. Davis, Judge, 15th Judicial Circuit, West Palm Beach, Florida--Dear Judge: This letter is written for your honor's information, and as a communication from a judge of an inferior court to the judge of an appellate court.

"Edward Antoles was tried in the municipal court of West Palm Beach on January 20th on the charge of lewd and lascivious conduct with one Katie Powell.

"Sentence was deferred until Monday, January 22d, and at the regular session of the court on that date he was sentenced to pay a fine of one hundred dollars and serve twenty days in jail at hard labor.

"The police department of West Palm Beach was very active last week, with result that many cases under the charge of lewd and lascivious conduct were presented for trial.

"Yesterday, a writ of habeas corpus was sued out before your honor and Edward Antoles was released on a nominal bond, and the hearing fixed for Monday, January 29th, which gave him his liberty for days.

"The ordinance under which Antoles was convicted has been attacked in this habeas corpus proceedings.

"The idea in this court's mind being that fairness and enforcement of law should be equally extended to all men, other violators who had been convicted for lewd and lascivious conduct were brought into court this morning.

"Edward Antoles, for whom habeas corpus proceedings were instituted, pleaded guilty.

"It seems that Antoles has influential friends who have signed his bond, and he also has funds to secure counsel.

"Antoles was sentenced on January 22d.

"Tom Johnson, a carpenter employed on the El Verano Hotel also pleaded guilty to the charge of lewd and lascivious conduct with one Myrtis Hansen and was sentenced to pay a fine of seventy-five dollars and serve five days in jail.

"Johnson is without influential friends or funds.

"Circumstances, however, were not as revolting or disgusting when the fundamentals of decency are considered as was the violation by Antoles.

"I have ordered Johnson's release on a nominal bond for his appearance in my court, Tuesday, January 30th, for final disposition, as the Antoles habeas corpus proceeding is scheduled for a hearing before your honor at ten o'clock Monday, morning, January 29th.

"Katie Powell, a negro woman of dissolute character, who has been before the courts of Palm Beach and West Palm Beach many times, was convicted under the charge of lewd and lascivious conduct with Edward Antoles.

"She pleaded guilty, and pending the final decision in the Antoles habeas corpus proceedings, I have ordered her release on a nominal bond for appearance in the municipal court Tuesday, January 30th.

"Zene Russell implicated in this same case under the charge of visiting a house of ill fame is set for trial January 27th, and he is now at liberty under a cash bond for one hundred dollars.

"This case will be continued until after the Antoles habeas corpus proceeding has been disposed of.

"Johnnie Williams, a negro without funds and unable to pay fine or secure legal counsel, was convicted January 22d on the charge of lewd and lascivious conduct with Mamie Ford, to which he pleaded guilty and now serving out his sentence at the rate of one dollar per day, was also liberated on a nominal bond for his appearance in the municipal court on January 30th.

"Mamie Ford, a negress without funds to pay a fine or secure legal counsel, was also convicted on January 22d under the charge of lewd and lascivious conduct with Johnnie Williams, to which she pleaded guilty.

"The sentences of Johnnie Williams and Mamie Ford are each to pay a fine of twenty-five dollars or twenty-five days in jail.

"Both have been released on nominal bonds pending final decision of the Antoles habeas corpus proceeding.

"I took the position, your honor, that the law should apply equally to all men, and if Edward Antoles, self-confessed violator, as indicated by his plea of guilty, can obtain his freedom even for five days, others less fortunate who also plead guilty, but are unable through lack of funds to secure legal counsel, and are without influential friends, should have like consideration extended to them.

"As they are therefore unable to reach your court through lack of funds and as judge of the municipal court, I have attempted...