The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1867-02-13

lated ny che sw; aud has been well settled BY
the raies and pras,ce OF she osanon iam ha a
Tor ard Tor vi ca ) ouah. % be removed
After these repeated decsons this question may be
said 20 he res ieias The insereni right as oac
regulate us fnies of Practice incad M The terms OF
aiinIssou nf attorneys ard disn,lsson from tho ba
has come down Dslge taaeG tarpnsh The larr iif
u tns ceinsuan With Tes AID 70 this
inhere- power OF making lis ru'"s VI admission and
dismssion from toe bur- oa Tess, me law maker o. "a,
Court Iss only confirmed the common laS powss Ut
the court, ht.rto deemed alfaost nscesalls
istcce vi the eri bar made t the duty Of the
ip organic act OF lis creation exercise that
rsser. leaving .he court IN its discretion ,ho
subject only 70 the penalty 81 inpca hneni tor the
abuse Of the power these considerations conclusive
OF the assumption that the opinion referred 10 IL
authority with this court While We deny to this dec
sion OF the SuIaenc Court the office Of such authority
we acknowledge the potency OF that tribunal The in
structor OF Judgment and II It had united It's great
Wisdom 10 the Recommendation OF opinion inral dating tbs
rule in controversy We should feel disposed 20 bow 10
But t comes 10 isory, and must receive upon
the conditions upon which II Is sent. These con-
dtions in he way of advice are that majority
OF one o. that court counsels lhe condemnation
OF the rule, while minority OF less
than tho majority counscs is support, leaving this
court 10 FORM It's own opinion without any SUBSTANTIAL
aid from tbs decision Ii We were adopt the concln-
SION Of the majority it would DO at the expense OF con
demning law OF Congress in defiance or the rule OF
Judgment already referred TO- and substantially upon tho
opinion OF single Jusiic o. the supreme Court Tor
me 11dsmen after all weghei 10 the ba'an 70 Is re-
bindng not very impressive OF wisdom when applied to
the condemnation OF law. In January term 1885. the
Supreme Court through Chief Justice Marshall, refused
10 Jake up the of the Mayor. &c o. New York
George Min and Gearge Briser the Commonwealth
Bank OF Kentucky 10 Peters $751; because The
nor full in consequence, of the resignation Of Justice
Duyal This controversy OF judicial opinion, largely
attributable political exc temenf, demonstrates TO
judgment that the question controversy il Involved
with political considerations render /. eminently
proper Tint IL should be referred back 10 the political
power the natoa and the law max NJ power which
created II be consulted in its modification repeal.
Without suggesting what would be our Judgment as 10
Af fharn lat hn
sufficient To that II is question fer legislation and
not for adjidlca ion The motion Is denied.
Justice Wiley, corcurring With the majority read his
views expressed in his own language Inc opinion OF
the Supreme Court uf the unied states fell he said lar
shors OF compelling The Circuit Court OF the District to
after ,s lie referred 10 the act that Colonel Ma
gruder had sworn TO support the constitution Of the
United States but had violated bis cath, and ii he were
now admitted 10 this bar he would be again npeed 70
support the constitution the supreme law OF land.
AaeruGer, in taking against the federal govern.
mem, had declared he acted conscentiousy and had
not repeated of this act changed his mlnd that h,
owed allegiance rst Virginia ana next TO the United
siates-a dual fcaity. To admit him would be needless
farce