Marshall v. Gordon
Supreme Court of the United States
APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The case is stated in the opinion. No express power is given by the Constitution to the House of Representatives to punish for contempt; the House has no general power to punish any act as a crime. Constitution, Art. I, § 5; Kilbourn v. Thompson, 103 U. S. 168, 182. A contempt proceeding- is either civil or criminal.
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APPEAL FROM THE DISTRICT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK. The case is stated in the opinion. No express power is given by the Constitution to the House of Representatives to punish for contempt; the House has no general power to punish any act as a crime. Constitution, Art. I, § 5; Kilbourn v. Thompson, 103 U. S. 168, 182. A contempt proceeding- is either civil or criminal. Gompers v. Buck Stove & Range Co., 221 U. S. 418, 441; Gompers v. United States, 233 U. S. 604, 610. A civil proceeding is merely process and may be enforced by the House of Representatives…
1Opinion of the CourtChief Justice White
These are the facts: A member of the House of Representatives on the floor charged the appellant, who was the district attorney of the Southern District of New York, with many acts of misfeasance and nonfeasance., When this was done the grand jury in the Southern District of New York was engaged in investigating alleged illegal conduct of the member in relation to the Sherman AntiTrust Law and asserted illegal activities of an organization known as Labor’s National Peace' Council' to which the member belonged. The investigation as to the latter subject not having been yet reported upon by the…
2Cases cited4 opinions
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
- Kilbourn v. ThompsonSupreme Court of the United States · 1881
- Anderson v. DunnSupreme Court of the United States · 1821
- In Re ChapmanSupreme Court of the United States · 1897
3Cited by90 opinions
- United States v. NixonSupreme Court of the United States · 1974
- United States v. DixonSupreme Court of the United States · 1993
- Tenney v. BrandhoveSupreme Court of the United States · 1951
- Gravel v. United StatesSupreme Court of the United States · 1972
- Eastland v. United States Servicemen's FundSupreme Court of the United States · 1975
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