in the Besette Case, 24 Sup. Ct. 665, 48 L. Ed. 997, "more fully within the punitive than the remedial class." See, also, In re Christensen Engineering Co., 194 U. S. 458, 24 Sup. Ct. 729, 48 L. Ed. 1072. That being so, and assuming the acts alleged to be proven, is the petition for a rule sufficient to justify the court in finding respondents guilty of contempt and punishing them therefor? The decision in the Reese Case, supra, seems to me to hold clearly that it is not, if the contempt is to be treated as criminal, and respondent not within the class of the parties made defendants. The learned judge who wrote that opinion treats the petition as in the nature of, and practically like, an indictment, and holds that respondent was entitled to be advised of the charge against him, which, he states, was not affected by the petition. for the rule in that case. While it is doubtless true that a respondent is entitled to be advised of the charge he is to meet, it is also true that such a requirement goes rather to the facts to be established than to the kind of proceeding in which such facts are to be reviewed by the court. The petition herein was presented in the cause pending in equity. The proceeding, while properly of a punitive nature, was also in aid of complainants in the case. It came under that class of actions which the cases supra hold to partake of both a punitive and a civil or remedial character. The same facts are sufficient to establish respondents' guilt in either case. Did the petition in question and the accompanying affidavits advise respondents of all the matters requisite to their defense? Certainly, so far as the evidence was concerned, the facts relied on as constituting the contempt were fully set out. It could have been no different whatever the character of the information might be. An adequate return to the rule must be the same in either case. It was proper that the petition be entitled in the equity suit. Where contempt proceedings are instituted against a person not a party to a civil action, the proper practice is to entitle the application for a rule to show cause in the civil action; and, if the respondent is found guilty, thereafter all orders should be entitled as in a suit by the government. U. S. v. Wayne, 28 Fed. Cas. 504, Case No. 16,664, cited in U. S. v. Anonymous (C. C.) 21 Fed. 761; Lester v. People, 150 Ill. 408, 424, 23 N. E. 387, 37 N. E. 1004, 41 Am. St. Rep. 375; Rapalje on Contempt, § 95.

In O'Brien v. People, supra, it was objected that the petition and affidavits upon which the rule was issued were insufficient, for the reason that they did not clearly and specifically inform plaintiffs in error as to the offense with which they were charged. The court says:

"We do not think this position tenable. Courts of chancery have within themselves full power and authority to enforce their official mandates in a summary and effective manner. To say otherwise would render them powerless and inefficient. As we have said, the court had jurisdiction of the persons and the subject-matter of the suit, and issued the injunction, which was not only binding upon the persons who were actual parties defendant to the bill, but was also binding upon all parties who had actual knowledge of the contents of the writ. We are unable to see how it can be suc

cessfully maintained that defendants below did not have sufficient notice of the charge made against them to intelligently prepare their defense, if they had any. They were not entitled to a specific bill of particulars, nor was it necessary to set out the charges with the same particularity that would be required

In an indictment. It has often been held that, in an attachment proceeding for contempt alleged to have been committed out of the presence of the court, it should be brought to the attention of the court by an affidavit setting out the particular respects in which the injunction is alleged to have been violated; but that was sufficiently done in this case"-citing 4 Enc. of Pl. & Pra‹. 776, 780; People v. Diedrich, 141 Ill. 665, 30 N. E. 1038; Oster v. People, 192 Ill. 473, 61 N. E. 469, 56 L. R. A. 462.

The most common, and, in the United States, the almost universal practice in this (proceedings for contempt) matter, is to present to the court an affidavit setting forth the facts and circumstances constituting the alleged contempt. Rapalje on Contempt, § 93. The affidavit may be made on information and belief. Id. § 94. All the facts necessary to constitute the contempt should be stated in the affidavit. Id. § 96. While it is generally required that the rule should be based on an affidavit, still it is not absolutely essential. It is only necessary that the court have sufficient evidence upon which to base the issuance of the rule. Newport v. Newport Light Co., 92 Ky. 449, 17 S. W. 455; In re Daves, 81 N. C. 72; In re Deaton, 105 N. C. 59, 11 S. E. 244; State v. Frew, 24 W. Va. 416, 49 Am. Rep. 257. It would seem to be a very narrow construction of the powers of the court to hold that the mere conclusion of the petitioner that respondent should be held for the violation of the injunctional order as a party to the suit would tie the hands of the court in punishing a willful disregard of its authority. If, as intimated in the Reese Case, supra, there is a distinction to be observed in the terms of the initial proceedings in the several kinds of contempt, it must be also true that in the present case the form of the moving papers, in so far as they might be held to suggest the one course rather than the other, are surplusage, and may and should be ignored by the court. The petition in this case is unmistakable in its language, so that respondents know just what they had to face. It also properly advised the court of the acts to be inquired into, and is, in my judgment, a sufficient foundation for the present proceeding. Moreover, if respondent should be found guilty of aiding or abetting, or confederating or acting in concert with, the named defendants, they come within the class of persons named in and enjoined by the injunctional order, and are therefore violators thereof, within the language of the decisions. They are in effect parties to the cause, at least in the same situation as a named party, so far as concerns a violation of the order, when they are informed of the injunction. Sloan v. People, 115 Ill. App. 64. The same rule is set out in the cases above cited and in People v. Marr (N. Y. Ct. App. May 30, 1905) 74 N. E. 431, 181 N. Y. 463; Anderson v. Indianapolis Drop Forging Co. (Ind. App., Nov. 22, 1904) 72 N. E. 277.

It was contended on the hearing that the case at bar was a criminal contempt, if any, and that respondents were entitled to be discharged on their sworn answers denying the acts charged in the petition. Such has been the rule at common law, but the practice has never obtained in equity. As far back as Blackstone's time it was the well-established rule that the answer of a respondent, in a proceeding for contempt in equity, was not conclusive, but might be traversed. 2 Blackstone's Com. 287, 288. In chancery the answer of a party charged with con

tempt is not conclusive, and the truth of the answer may be examined into and disproved. Rapalje on Contempt, § 120, and cases cited. In the Matter of Debs (C. C.) 64 Fed. 738, Judge Woods held, citing a large number of authorities, to the effect that:

"In a proceeding for contempt in equity, a sworn answer, however full and unequivocal, is not conclusive."

And in the same case the court says, in answer to the proposition that in such proceeding the answer of a stranger to the suit is conclusive:

"I know of no authority and perceive no reason for treating the answer of a stranger to the bill as conclusive, while the answer of a party to the bill is not conclusive."

In the Matter of Christensen Engineering Company, 194 U. S. 458, 24 Sup. Ct. 729, 48 L. Ed. 1072, the court, speaking by Mr. Chief Justice Fuller, says of Ex parte Debs et al. that in that proceeding there was nothing of a remedial or compensatory nature. In re Savin, 131 U. S. 267, 9 Sup. Ct. 699, 33 L. Ed. 150, was a case wherein Savin was charged with contempt in attempting to deter a witness from testifying. He was found guilty of contempt, and sentenced to jail. A petition for a writ of habeas corpus was filed, and in discussing the case Mr. Justice Harlan says:

"It is, however, contended that the proceedings in the District Court were Insufficient to give that court jurisdiction to render judgment. This contention is based mainly upon the refusal of the court to require service of interrogatories upon the appellant, so that, in answering them, he could purge himself of the contempt charged. The court could have adopted that mode of trying the question of contempt, but it was not bound to do so. It could, in its discretion, adopt such mode of determining that question as it deemed proper, provided due regard was had to the essential rules that obtain in the trial of matters of contempt."

Again, in the case of United States v. Anonymous, 21 Fed. 761, a case much quoted as an exhaustive study of the question, Judge Hammond says:

"But there never was in a court of equity, as at law, any rule that the answer of the respondent to interrogatories should be taken as true and he be discharged, if he denied the contempt."

This was a criminal contempt proceeding, and the court declined to treat respondent's answer as conclusive.

The present proceeding, while, as said by the Supreme Court in the Besette Case, it comes more fully within the punitive than the remedial class, is entitled in the main cause. It is heard upon a rule issued by the court sitting in equity in that cause. As above set out, it has been uniformly so treated by the federal courts. They have not indulged in nice distinctions which can serve neither court nor parties further than to make the practice in such cases indefinite and uncertain. The answers of respondents herein are not conclusive upon the court.

There remains the inquiry as to whether respondents were sufficiently advised of the terms of the injunctional order, and whether, having such knowledge, they willfully set at naught and defied the order

of the court. It was shown upon the hearing, and was a matter of common knowledge as well at the time, that complainant's wagons were placarded with printed copies of the order upon both sides. They also bore large signs notifying all persons that they were protected by the order. The daily press teemed with references thereto. Copies of the order were posted in public places. Indeed, such publicity has rarely been given similar orders. The wagons paraded the streets under armed guards. This of itself could not fail to direct attention to them. It is incredible that any person, other than infants and idiots, could fail to be in the immediate vicinity of complainant's wagons without knowing of the injunctional decree. Of all the parties brought before the court there is not one who can within reason be said to have been without full knowledge of the fact that, if he committed the acts complained of, he was defying the order of the court and obstructing the course of justice. The decree required defendants to desist and refrain from in any manner interfering with, hindering, obstructing, or stopping any of complainant's business in the maintenance and operation of its horses, wagons, and teams, and from interfering with, or obstructing or attempting to intimidate, any of its agents or employés in the transaction of its business. This cause is one of a number instituted in the several pending suits at about the same time for the purpose of punishing the several alleged wrongdoers. The petition in this case asks for a rule against 24 persons, which was granted.

There are so many persons involved in this and the other suits that it seems best to the court, at this time, to take up and dispose of that one which at the hearing seemed to be the most flagrant in character, both as to the acts alleged and the person of the alleged wrongdoer. This was the respondent Daniel Garrigan. He was duly served with the rule, and appeared in person and by counsel at the hearing. His answer sets up the several grounds upon which want of jurisdiction in the court for the purposes of this hearing is based, and traverses all and singular the charges made against him. The affidavits of a large number of witnesses were read on each side, which, as is usual in such controversies, were directly contradictory of each other. For the petitioner it was in substance deposed that complainant's two wagons were going north on Michigan avenue from Monroe street to 280 Michigan St., on the North Side, on May 2, 1905; that they bore in a conspicuous manner printed copies of the injunction order of the court, together with large placards calling attention to the order and the protection thereby afforded; that it was impossible for any one to see the wagons without seeing the placards and order; that an excited crowd or mob gathered about the teams; that threats of violence were made, and stones thrown at the wagons, teamsters and guards; that respondent Garrigan was among the most active of the advisers to violence, that he threw stones at the wagons, teamsters, and guards; that he was flitting from one position to another, dodging into doorways and throwing stones; that he used violent and incendiary language; that he violently assaulted one of the colored guards while the latter was in care of or charge of the police; and that all

this time he was dressed in the uniform, cap and all, of the Chicago City Fire Department. These charges he denies, except that he admits having been there, and that he followed the wagons over the said route. His witnesses, including several police officers, either deny that he committed said acts or that they saw him commit the same. In such irreconcilable conflict of testimony it is often impossible to get a clue to the truth. Such a clue, however, this case presents. The witnesses on both sides are mainly partisans of one side or the other. This is not true of the witnesses Dimmick and Evanson, both employés of Spaulding and Merrick, tobacco merchants at 271 Michigan street. Both of these witnesses impressed me as absolutely disinterested and thoroughly reliable. Their evidence directly implicates Garrigan in the unlawful and mob-like transactions of that occasion. Both saw him strike a colored guard when in the patrol wagon and unprotected. This was denied by certain police officers, but in view of the last-named evidence and of the course taken by the police in making no arrests from among the rioters, and other circumstances in the evidence, I deem their evidence inconclusive.

I therefore find the testimony of Garrigan is discredited. All things considered, I am left in no doubt as to Garrigan's action in the case. He willfully attacked and interfered with complainant's men, teams, wagons, and business. He attempted, by violence and harangue, to intimidate complainant's employés, and induce them not to continue in complainant's employment. All this he did when surrounded by an excited mob. He called the men names. He took every available means of demonstrating his sympathy with the striking teamsters and defendants to the suit, and his hatred of the men who had taken their places. He swept aside the order of the court as nothing, and beyond question knew just what he was doing. The basis of his motives was plainly disclosed in his conduct, namely, an intense desire to punish complainant and complainant's servants for attempting to transact their lawful business in defiance of the behest of the striking employés of complainant. He is a man of intelligence. He must have known the force of the injunctional order. What he did was plainly done in aiding and abetting the defendants named in the bill. That a conspiracy with them is not shown counts for nothing. Even though they had been discharged under the rule, he could still be held. Sloan v. People, supra. He both violated the injunction and obstructed the process of the court. I therefore find him guilty, and order that he be attached for contempt of court in so doing, and that he be confined in the county jail of Du Page county, Ill., located at Wheaton, for the term of three months, unless sooner discharged by due process of law. The cases of the other respondents are reserved for further order of the court.

Counsel for complainant may prepare said order in accordance herewith.

141 F.-44