St. Clair County Court
Judges: Thomas D. Nevill, Sam C. Pedin.
***
Published New York Times, 30 August 1902
May Send Judges To Prison.
Power of Federal Over County Courts Determined in Missouri Case of Many Years
Standing.
St. Paul, Minn., August 29.--The United States Court of Appeals, in an opinion
by Judge Sanborn, has denied the application for writs of habeas corpus or other
relief in the cases of Thomas D. Nevill and Sam C. Pedin, Judges of the County
Court of St. Clair County, Mo., and sustained the right of a Federal Judge to
imprison Judges of County Courts for contempt in refusing to carry out the
mandates of a judgment issued by him.
The case dates back to the days following the civil war, when St. Clair County
issued bonds in aid of the construction of a railroad. When these bonds became
due the county sought to evade payment and to have the bonds invalidated by the
courts.
Judgments for more than $200,000 against the county were issued in the United
States courts. The enforcement of these judgments was resisted until about two
years ago, when United States Court Judge Phillips issued a writ of mandamus
directing the County Court to levy a tax for at least a partial liquidation of
the indebtedness. The Judges of this court refused to obey the mandate, and the
Federal Judge ordered their arrest and commitment for contempt.
The Judges evaded the Federal officers, hiding in the woods and unknown places.
Meanwhile the County Courts were not held, criminals went untried, civil cases
could not be heard, the county roads and bridges fell to decay, and other
business commonly transacted by the County Court was wholly neglected.
Recently the United States Marshal discovered the fugitive Judges and arrested
them. Their counsel petitioned the Court of Appeals for their release on bail
and for a stay of proceedings, pending an application for pardon to President
Roosevelt. In his decision, Judge Sanborn holds that the commitment to prison
until the prisoners shall comply with a mandamus to make the tax levy is not of
a criminal character, but civil, remedial, and coercive, because it is of the
character of an execution to collect judgment, and that the President is without
Constitutional power to grant reprieve or pardon in such a case.
Submitted by Dee Mathews