Sheets v. City of Hagerstown

Hammond, J., delivered the opinion of the Court. The Circuit Court for Washington County, on petition of the City of Hagerstown, ordered Arthur W. Sheets to show cause why he should not be held in contempt for violating its injunction against operating or maintaining a parking lot in an area zoned against such use. A motion to quash was overruled. After hearing the case on answer and testimony, the Court held Sheets in contempt and fined him $500.00.

This appeal followed. Neither below nor in this Court was the point made that the case on the merits should have been tried before a Judge other than the one who issued the show cause order. In the motion to quash, it is contended that the City had consented to the use of the property for the parking of cars, or, in the alternative, was estopped to question such use because it authorized the construction of a building on part of the property, the grading and paving of the rest, and the opening of two new driveways from adjoining streets. Sheets alleged that the petition of the City: “. . . does not constitute a sworn-complaint, indictment, sworn charge, affidavit or ¹¹⁷ particularized written statement . . which advises him of the specific acts alleged to have constituted the contempt.

He said that the order of court directing him to show cause why he should not be adjudged in contempt was unsupported by any such writings. For these reasons, he urged that if he were called upon to answer the rule to show cause, the rights guaranteed him under the Fifth and Fourteenth Amendments of the Constitution of the United States and under Articles V, XXI, XXII and XXIII in the Declaration of Rights of the Constitution of Maryland would be violated. The answer, filed after his motion to quash was overruled, reserved and reiterated all defenses made under the motion to quash, admitted knowledge of the injunction issued against him and denied its violation. A further defense in the answer was that: “. . . because of the suitability and accessibility of your defendant’s property for the purpose of automobile parking . . . many persons occasionally drive their automobiles upon and park on said property without the authority or consent, directly or indirectly, of your defendant, and that said persons are trespassers upon said property.” Reliance on the Constitutional provisions cited in the motion to quash seemingly amounts to a defense that due process in criminal contempt proceedings requires, as a matter of law, indictment by a Grand Jury and a right to a trial by jury or, at the least, a duly particularized charge, sworn to or supported by affidavit preliminary to trial by the Court.

All the contentions which make up this defense must be answered adversely to the appellant. In upholding a conviction of contempt by a Judge, the case of In Re Lee, 170 Md. 43 , said this: “Criminal contempts at times were dealt with at common law by presentment, indictment, and trial, as were other misdemeanors, and they were so regarded, but this did not deprive the court whose dignity had been assailed, or authority frustrated, of the right to deal with con-tempts of all classes, in accordance with the rules and procedures recognized since ancient times by the common ¹¹⁸ law.” In Hitzelberger v. State, 173 Md. 435 , it was argued that the offense which constituted the contempt, found by the Court alone, was a statutory crime so that the contemnor could only be proceeded against under the statute after indictment, which if true would have afforded the right to a jury trial. It was held that the Court could punish summarily as contempt an act which also was a crime punishable by indictment. In Eilenbecker v. Plymouth County Dist.

Ct., 134 U. S. 31 , 33 L. Ed. 801 , the Supreme Court held that a proceeding in a State Court by which a fine and imprisonment are imposed for contempt in violating the injunction of the court, without indictment or trial by jury, conforms to due process of law, since it is the exercise of one of the traditional powers necessarily incident to a court of justice. United States v. United Mine Workers of America, 330 U. S. 258 , 91 L. Ed. 884 , held both that form is not vital in the accusation of the alleged contemnor and that unless an applicable statute requires otherwise expressly, a charge of criminal contempt is properly tried by the court without a jury. See also on both points Bowles v. United States, 50 F. 2d 848 (4th Circuit); and compare Michaelson v. United States, 266 U. S. 42 , 69 L. Ed. 162 . The result reached in these cases flowed naturally from the nature of contempt and the concept the law holds of it.

A contempt was, at common law, and now is, an offense against the court as an organ of justice. The right to punish its commission by summary conviction not only is inherent in the Courts but is essential for their protection and existence. Ex Parte Maulsby, 13 Md. 625 ; Kelly v. Montebello Park Co., 141 Md. 194 ; Ex Parte Sturm, 152 Md. 114 ; In Re Lee, and Hitzelberger v. State, supra; Freedman v. State, 176 Md. 511 ; Baltimore Radio Show, Inc. v. State, 193 Md. 300 ; and Donner v. Calvert Distillers Corp., 196 Md. 475 . The Legislature has passed statutes from time to time which are either declaratory of the common "law or regulate ¹¹⁹ the mode of exercise of the power of the court.

The procedure followed in the instant case, not only does not affront any of these statutes, but actually is as expressly authorized by them. Section 4 of Article 26 of the Code of 1951 was enacted in 1853, and its title described the act as “Declaratory of the Law Concerning Contempts of Court”. It provides that courts of the state may issue attachments and inflict summary punishments, among other things, for the disobedience of a party to any lawful decree of the court. Section 95 of Article 16 of the Code provides that if any person, against whom an injunction has been issued, shall violate its terms: “. . . the court, on notice of such violation, may issue attachment for contempt against such person; and if on proof the party be adjudged guilty of the contempt, he may be fined or imprisoned, or both, in the discretion of the court.” Section 108 of Article 5 of the Code provides that in cases of constructive contempt: “. . . committed not in the presence of the Court, or not so near to the Court as to interrupt its proceedings, . . .” the Court shall issue a citation to the person alleged to be in contempt to show cause why he should not be so adjudged, and “. . . the matter tried by the Court without a jury. . .” It is plain that whether a contempt be civil or criminal, direct or constructive, the requirements of due process are satisfied if one accused is informed of the charge against him and given a fair and reasonable opportunity to present, and have an unprejudiced consideration of, his defense.

In Re Lee, Kelly v. Montebello Park Co., and Donner v. Calvert Distillers Corp., all supra; Cooke v. United States, 267 U. S. 517 , 69 L. Ed. 767 ; and Bowles v. United States, Eilenbecker v. Plymouth County Dist. Ct., and United States v. United Mine Workers of America, all supra. The procedure followed in this case fully met the necessary constitutional, statutory and common law standards. The recitals in his pleadings, the prior litigation and his testimony are the best answer to Sheets’ claim that he was not fully informed of the ¹²⁰ acts which flouted the order of the court, and for which he was cited.

On the merits Sheets argues that he was tried for criminal contempt in which the proof must be of a higher degree than in civil contempt — must show intentional violation of the court’s order by clear and convincing proof, if not beyond a reasonable doubt,— and that the proof here falls far short. Undoubtedly criminal contempt must be shown by clear and satisfactory proof, and some courts hold must be shown beyond a reasonable doubt. In Re Lee, supra, at page 52 of 170 Md., and cases there cited'. The Court below held the contempt in this case to be civil.

The line between civil and criminal contempt is often indistinct. Often the same acts or omissions may constitute both or at least embrace aspects of each. Kelly v. Montebello Park Co. and Donner v. Calvert Dist. Corp., supra, held the doing of that prohibited by injunction to be criminal contempt.

There is little, if any, distinction between those cases and this case. We deem it unnecessary to label the contempt of which Sheets was found guilty, because we think that the evidence before the lower court was clear, convincing and satisfying beyond doubt that he used and maintained the lot as a parking area in deliberate and intentional defiance of the court’s injunction not to do so. In September, 1950, Sheets purchased an apartment building in Hagerstown, which, like the other buildings in the block, was built on a high ridge which ran along the west end of the lot, leaving extensive front yards and shallow, if any, back yards. At the time of the purchase, there were no zoning laws or deed covenants which restricted the use of the property, and Sheets proposed to lease his rather extensive front yard area to the A. & P. Co. as a parking lot for employees and patrons of its supermarket directly across the street.

He was the District