The national Republican., 1867-11-11
THE COURTa.

THE COURTS.
SUPREME CoURr or rHE DISTRICT oP CoLun
Bil-0ESERAL tRx.-Chief yustice Cdrtter and Jus
ttoes IVyifs and Ola sat in baae Saturday, and
/ transacted the following business.
| ATTORNEY ADMITTED.
| Mr.. Enoch Totten moved the admission 10 the bal
Of Edwin Biggins, esq, and Messrs Totten, Davidge
$50 brsaisy, W. were named as COMMITTEES TO ex
| TIE bRApLBr. .YisuHR CASE CONCLUDED.
The court then took up the rule against Mr.. Brad
M. Bradley ,aid that hs undsr,tOod tha, the court
had confined the argument to one point. Mr., walker
The Chief Justice remarked that the court fol, in
clined to open to counsel the fullest latitude to dis.
ouss the case fairly and freely.
MT. Bradley regretted exceedingly he had do', a,
| hrst, so understood the court.
The Chief Justice had understood the answer 10 be
the nature Of demurrer, oasrins quc'tiOns Of law
Judge wylie was very unwilling to be understood
az throwing out any intimation that tho discussion
.hould 10 sny manner be restricted.
Hon. r. J. Walker argued that ths court would at
the expiration Of the time hxed ty law for the close
OF Its term, have ceased TO exist; bat the statute
gave II new liis not generally, but sub modo tn,
law continued the oout merely to allow the nui.h.
lag Of commercial trial. and when that was nnished
the eourt ceased 60 fnsante the nnshlng Of the trial.
rave iuoie'sI power, or to 9e court a. All Ltha.
| Could It 90 on indshnitsly' HpsrJu,iss had teen
committed on the ttal, the court could moi have m
dertiken to act that after the close OF the
trial. The court existed merely to au sh a special
function, and expired with Its c'mpleion Of that
| work.
MI. Bradley remarked that there were two other
points In the return, which he had at nrst supposed
the court did wish discussed. He hsd, It seemed.
been mi'taken; bzt for that r;ssou no preparations
had been mada to argue those branches Of the case
| and no authorities produced.
he read In a clear voice, his rotIrn to the rule.
| Di,svowins at tho outret any Intentional disre.
spsel towards Judge Fisher, he proestds TO ST out
the Judges statement Of the stormy int view OF the
"a Of July, out Of which arose the Orler PrOmnl-
correctness Of this statement; St mp in eontrsds
hnciion thereto his own recollection Of the occur.
rentes, as detailed In publications heretofore made
by his authority, and suggests th.. as witnesses
were present, their testimony m y be heard.
Passing, then, from the facts to the lAw he main.
taiss that Judge Fisher had TO right to proceed
against hi N for contempt without notice; and that
as he had notice, the order Of Judgo T. was void
lat. Because II the proceeding wss under the
common law powers Of the court It required notice
%. ifnwas under the statute the &C, OF March q,
1881, expressly prohibited It.
"a. That a. the only power 70 admit an attorney
to this court Is In the court In general term, tho
franchise Of practice At the bar san bs taken away
only By the power which gayeh .
which the statute conferred upoi the Judge after the
expiration Of the regular term IND that trial having
been closed, the Judge was ygTtus oCcfo, and had
dismissal Of the respondent
Having thus made return so as to place him,elf
which he read, not the nndipgda court bat the IN.
authorized statement OF an lad vldual Mr.. Bradley
POUNDS thereon his right to sFy promptly and em.
phatically that the statement which the Judge had
read was fA'se from beginnipt to end. He AYERS
that similar language Is Allov,d by ths court In
proceedings Ia chaneery, and Ivers that In using u
meant bu' to put In Issue the statement cf facts
| made by the judge Astote stter, be ieiterltss
the dec arstiou Of hi, publshed nrd, that not
intended as challenge, and pssiyss that haG d.
lag II to Judge FISHER and thu. pEiag t. initi tive
step for plHnAtouu he Ia eutld to CONNIE alton
lie concludes by saying that b, has teen mistaken
with regard to the facts, ard emmitted any con-
tempt Of thu court ho asks that he may recall any
act or withdraw any expreSsi (which might be II. .
tsrpretoi as an indlgnity to he iie al trbunaS Of
his native District. whose dignity he would desire
TO uphold on all occasions.
Ah.r short Interval spent by the court In con.
sultation, Chief Justice Carttr pronounced tho
The Chief Ju tiee evidently itsuded to he very
brief IN teIliDg with pain n ubi Ct, but the In
tere Of the use pruded bis gmsu suI into an ex
tended aut wer 10 tho petitions Rksn In Mr. Brad.
eys r.turn Noticing at hrst, tts general tendency
Of the tins to iusubordinatioa aId remArking how
happily exempt from 1t the judicial tribunals had
heretoiore been, he sets up a. departure from this
rule, not 10 much Mr.. Brs dleyt passionate utter
arces usder a condition Of mnd which exeDpts
| The actor from the ordipary responsibilities Of
professional eonduct, As his criticism the power
| Of the court to protect itsef from iDsubordi
nation He rits the case of tie hrst three poiSt'
made In NJ. b. IS returo, aging that this rule
commenced where thcy endsi; that II left the
doubts turfoundei and colored " excitement to the
cOnAcltncbs OF the ptttlGs 10 tbllNlOn
began, he said, With Judgs Pshsr's order dishGr-
ring Mr.. Bradley, and while admitting II to be a
debatable question whether that order. at Its Ia.
whether 1t wa, IL cumbeht on this court to carry II
OUT as denied by the arst three points OF Mr. Brad
ley It was, he bed, sufficient for this casa to ssy
that that orjoi does not enter iato IT, 1t was not
what anspirod Rnteesdent to that Ter hut what fol-
lowed It tina. was made the subjea Of Investigation
now. This led 10 Mr. Bradeys fourth point Was
there court In being at ths tim. the offensive Ian
guAge was used' The ChiFf Jtstiee b sld that the
law was guilty Of no such GbsuIdity as putting its
tribunal upon such grave nlssbn as the trial Of
man for hls life without ali the agencies necessary 70
protection OF the administration OF justice from Its
original process to final conelusoa. The point Of
time at which the court ceased u breathe was, the
resp yndent eoatendtd, the diselRrge Of the iury.
This court has no power, after tho discharge, to do
anything else except compete The case 'ubmitted
especially to It's oslpoued existence and therefore
cannot punish occidental ode csa arising out OF tho
trial This the court thought elevated the incidents
Of the power above tho power itself Tho court
lisyed that when Judge Usher read his order, and
Mr. Bradley pronounced its stanment false. there
was court dischargug the ishst fuu notions known
to the bench. Judge Fisher was presiding over the
court until 1t was ad Ourned in th' ordinary way;
Nor were the words used defsrsibe Surely be.
cause john Doe may call Richard Roe rascal In
ehancery proceed ings, lawyer not therefore jus.
tiled in charging IN amber Of ths court with being
rascal The only Ismain'2s ans''i9n as to !he con
power Of the Rpgsh lIuguags to 1t, 1t was done,
most unmistakGbly done, and no ;curteould survive
| submission to II.
Alludins to tho letter, the ChefJustire commented
| upon It with sharp humOr, spHing the code OF
honor no sarcasm, and once Bringing Mr. Bradley
to hs feet, In pr0testaton that that document could
/ not be viewed as a challenge.
| The judgment concluded as fO'bws: While we all
feel great reluctance In whatwean compelled to do
| whilst we estimate the great learning and power as
adyoeate Of the respondent, ard the large space
| he occupies at the bar when we remember the macy
good arguments he has made before US and the many
| agreeable relations we have had, 1t becomes almost
an impossibillty to do our duty, aid would not do
| II without feeling that | would, under similar cir.
| eumstan noes, lay my own head beIeath the axe II
must be done, however, and therefore the judgment
OF the court IL that Mr.. Bradley be ditmemberod
from the bar OF this court.
Mr., Bradley thanked the Court for their manner Of
dismissing him Il had been, he sid, his purpose
to retire from the bar at early day. II was the
| manner ofhis taking Of which affected him most.
The court then ad djOurn until this morniug.