At common law, superior courts of record also have power during the progress of a cause to repress or punish any disrespectful acts or words done or uttered, not in its presence, but so near to it as to constitute a breach of order or tend directly to lessen its efficiency. These are deemed powers inherent in such a court, because necessary to support its proper dignity and independence. Statutes are common to define or restrict them, but they cannot take them away altogether. To do so would be to take away an essential incident of the judicial power. Nor can they so far reduce the penalty that may be inflicted as to deprive the court of a reasonable measure of the right of self-protection.[Footnote: Batchelder _v._ Moore, 42 California Reports, 412.] It is, to say the least, doubtful if they can even restrict its exercise by any court created by the Constitution itself.[Footnote: State _v._ Morrill, 16 Arkansas Reports, 384; State _v._ Shepherd, 177 Missouri Reports, 205; 76 Southwestern Reporter, 79; _Ex parte_ Robinson, 19 Wallace's Reports, 505, 510.] The accused is not entitled as of right to a trial by jury. The judge is the best guardian of the dignity of the court.[Footnote: _In re_ Debs, 158 U. S. Reports, 564, 595.] The rule of criminal law that to convict a man of crime requires proof of guilt beyond a reasonable doubt applies to all proceedings of contempt. The accused is also allowed to go free on giving bail until final sentence, if that is to be preceded by any preliminary inquiry involving adjournments from day to day. No such inquiry is necessary when the contempt is plain and was committed in the presence of the court. In the courts of the United States and in most of the States no appeal is allowed for errors in law from a summary sentence of punishment for a contempt of court. Appeals lie only from final judgments in a cause, and such a sentence for contempt is not so regarded.[Footnote: _ex parte_ Bradley, 7 Wallace's Reports, 364, 376.] If the contempt be (as it may be) made the subject of a formal criminal prosecution and a jury trial, an appeal is allowed. A punishment inflicted for contempt, even though it goes beyond the rightful jurisdiction of the court in such a matter, is a judicial act, and does not expose the judge passing the sentence to an action for damages.[Footnote: Bradley _v._ Fisher, 13 Wallace's Reports, 335.] * * * * * CHAPTER XXI JUDICIAL PROCEEDINGS IN TERRITORY SUBJECT TO MARTIAL LAW Martial law is the exercise of military power. It is martial rule at the will of the commanding military officer.