Ex Parte Maurice Werblud

Maurice Werblud applied for writ of habeas corpus to obtain his release from custody for his failure to pay two fines, each in the sum of $500 for violations of a temporary injunction committed on different days. On July 28, 1975, the 54th Judicial District Court temporarily enjoined Werblud from operating his rendering plant, Texas Pet Foods, Inc., in certain designated ways because it was emitting noxious odors in violation of the Texas Clean Air Act, TEX. REV. CIV. STAT. ANN. art. 4477-5 (pamp. supp. 1974), and the Renderers Licensing Act, TEX. REV. CIV. STAT. ANN. art. 4477-6 (pamp. supp. 1974). Werblud appealed the injunction and after the court of civil appeals acquired jurisdiction of the case, the State instituted contempt proceedings based on several alleged violations of the injunction. The court of civil appeals conducted a factual hearing and then ordered that "Maurice Werblud shall be, and is hereby, punished by a fine of $500.00 for each of said two days of contemptuous acts...." Werblud refused to pay the fines and therefore was taken into custody by the Sheriff. Werblud asserts that he should be released because: (1) the injunction was so broad and indefinite that he did not have notice of the acts prohibited, (2) he was denied a trial by jury, and (3 )he was forced to testify against himself. We agree with the third contention and grant the writ.