Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1869-04-07

The Ku-KIuX Law in the Su-
preme Court.
Application for a AIandamus.

rro,, tho Knoxville Press and Herald, Sd.
The time of the Supreme Court was al
most exclusively taken up in hesTibg the
Datition Of H II. Ingersoll, Esq, OF
Greeneville. for q writ of DldaddmttS 10 |
compel A. w. Howard, Judge of the
Criminal Court Of the First Judicial Clr-
cult, to restore petitioner to the priVilege
of prscticing his profession SIS an st'or-
ney Of said Court, 49,,
Petitioner recites that on the = usy Vi
August, 1854, he obtained from the DlS-
trict Court OF Ohio, license 10 prAcIce
Iauv in the several Courts OF that state I
that in November. 1865, he took up his
rasidancs in Greeneville, Tenn, where |
he stilI resides; that under the proVis-
ions Of the laws of the State OF lenhes,
see he was duly qualified and admitted
tn nrsetjce ia the Circuit, Chancery ana
Snpreme Courts Of Tennessee, and still
is an attorney in said Courts; that upon
tbs estahIisbment of the Criminal Court
Of the First Circuit of Tennessee, ne was
sIso duIy qualified and admitted TO prac-
tice as an attorney Of that Court, and
did prsctice as such attorney until pre-.
vented by respondent Howard, Jluge Oi
said Court, as hereafter shown IhSt 81
the March term, 1853, OF SAID Court, ioE
/ Greene county, petitioner, upon slIsHpe
=
y-ss notified by the Clerk OF the Court
| tbot nv direction OF the said Howard, ne
/ had DESTROYED the roll OF sttorneys, ano
I that Howard had ordered him TO maze
ont new roll, placing the name OF no
! attorney thereon until he complied WIN
a new ruIe which he had prepared, Whlcn
mic directed that " all attorneys profess
inc To praetice in said Court 10 any OF
ths oounties in said District, before being
naTmitted to DO so, shalli under oath,
rive satisfactory evidence that they are
in no wGy associated oono4lous 70 tnS
provisions OF the act OF Assembly pssseyi
Septem beFol0, 1868, as required oy salu
act as the came is construed anu tIut,Sl uuEeI-
/ stood by the Court" P9niloner IurtheI 81
reoStss that upon said rule being reSd Ia
Conrt- he asked permission to be hearo
in his own behali and on behalf OF otheA
otto-nevs- upon the new and extrsordl-
nerv rIIe' bjIs the privilege was peremp-
toriIv Tsfrsed: that he then Rskea ieaVe
m enter a motion of record, that ne De
elIoued to practice without eompllance
gTith the rule, in order that the Question
Gioht he presented to the supreme
NSJrt. for presumiDg to 90 winch PetIt
toner vas fined for contempt OF Court
and ordered to his seat that peIlAohef
than nrocured another attorney, not ua-
der the ban, to m axe the same notioh IA
mis- behalf. but the said Howard posluNeiy
-efnssd 10 entertain the motion, anu
threstened to fine the ssid Attorney III
contemp,, declaring that he Wouid no.
nermit the correctness Of the sald rue u
he called in question by reason OF Whioh
srhilrsry rulipg Of the said Howard, Pc
fitiouer is debsrred the privilege OF avs
charging his duties to his clients as az
attorney inSsid Court, he prsys I0r az
aiternatlye Wit requiring the SAID ho",
ard to show Cause why petitioner shouiu
not ba restored TO his rights snd prlVi'
Ieoss in the premises, and, upon an u1'
satisfactory return, that the WriI De III Aoe
psremptOry. ;..to-aet.
The petition raises the very interesV'
ing question of the validity oi rue uoO'
rious f" Ku Klux law" OF which we have
J recently heard so much in our couie'
, rooms-if, indeed, the law itself, sdmit
ting its validity, gives aly authority ioi
the extraordinary rule proposed snd en-
forced by this fellow, Howard. INT
question was fully argued upon ITS nef
= its, in behalf of petitioner, by JPo' bAA
ter and I. A. r. Nelson, Esqrs. Eacn
E these gentlemen, in his usual happy ant
3 forcibls manner, dissected the mon
strous act, not negleetiRg, by any means
the mighty feiloW OF WondrOus parts Nh'
has undertaken to improve upon the lAV
itself.
) The case was taken in charge by tn
J Court. and when the decision Is pro
nounced We shall have more 10 LepoI
1 concerning this very interesting suOJec'