United States v. Atchison, T. & S. F. Ry. Co.
U.S. Circuit Court for the District of Western Missouri
Motion to Quash Information. This is a proceeding for contempt, growing out of a temporary restraining order made by this court on March 25, 1902. The restraining order was predicated upon a bill of complaint in equity tiled by the United States attorney for this district, under direction of the Attorney General of the United States, against the defendant railroad company.
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Motion to Quash Information. This is a proceeding for contempt, growing out of a temporary restraining order made by this court on March 25, 1902. The restraining order was predicated upon a bill of complaint in equity tiled by the United States attorney for this district, under direction of the Attorney General of the United States, against the defendant railroad company. The bill recited that the action was taken on the request of the Interstate Commerce Commission, "it charged that the defendant railroad company, a corporation of the state of Kansas, was engaged in the transportation of…
1Opinion of the CourtPhilips, District Judge
(after stating the facts). The United States having no pecuniary interest in the subject-matter of the original bill of complaint, acting only pro bono publico, the alleged contempt belongs essentially to what is termed “criminal contempts,” to vindicate the dignity of the court. In re Nevitt, 117 Fed. 448, 458, 54 C. C. A. 622, 632; Bessette v. Conkey Company, 194 U. S. 324, 24 Sup. Ct. 665, 48 L. Ed. 997. As such the proceeding is to be strictly construed in favor of the personal liberty of the defendant. As it is to vindicate the dignity of the court in compelling respect for its mandate,…
2Cases cited38 opinions
- Swift & Co. v. United StatesSupreme Court of the United States · 1905
- Ex Parte TerrySupreme Court of the United States · 1888
- In Re AyersSupreme Court of the United States · 1887
- In Re SawyerSupreme Court of the United States · 1888
- Bessette v. W. B. Conkey Co.Supreme Court of the United States · 1904
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3Cited by13 opinions
- Terminal Railroad Ass'n v. United StatesSupreme Court of the United States · 1924
- Terminal Warehouse Co. v. Pennsylvania RailroadSupreme Court of the United States · 1936
- McCurdy v. United StatesSupreme Court of the United States · 1924
- Holbrook Irrigation District v. Fort Lyon Canal Co.Supreme Court of Colorado · 1928
- Franklin v. Pitts.Court of Appeals of Georgia · 2019
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