The national Republican., 1869-01-28
THE COURTS.

DISTRICT SUPREME CoURT-General Term.
Chief Justice Cartier and Justices Wylie
and Olin continued their sitting IN bdRc yes.
terday, and were occupied as follows;
THE EnRADLEr.FIsHKR CASE.
Sonn after the opening, Mr.. Joseph II. Brad
ley addressed the court, saying that he had, In
a paper which he proposed to file with the
court, considered the effect OF the recently
adopted rule. He had considered the matter
and he desired to submit the result OF his
judgment In the most respectful manner. He
then read the following paper;
return which / made on the ith OF NoSember, Nov err
1861, to the rule laid on me by this court TO
show cause why should not be punished for
a contempt Of court, said that II had COM
mitted any contempt of the court had only
to express my profound regret, and to ask to
be permitted, so far as possible. to recall any
act and withdraw any expression which might
be interpreted as an indignity to the judicial
authorities In this District. I said that In
good faith, but with a Arm conviction, that
was false, he was not holding q court, and that
no court was open, a conclusion reached after
S,u ea5si,I eka@ination s o. the h statute under
limited by law. Your honors have since held
that Judge Fisher was then holding court,
and The language Ia so employed By me was ad.
the same spirit, take this opportunity to with.
draw those expressions as addressed to a judge
be understood to maintain that to charge q
Judge in open court with falsehood Is a con.
| tempt OF court.
When made the explanation which I did
on the Monday of last week said l had acted
| under sudden impulse and continued excite
ment. meant, and supposed the court would
having used such language under such circum.
| stances. The court takes exception to my
delivery to Judge Fisher of a certain letter.
Of remark made by him, having no reference
| to any official act Of his, and In no way con-
neeted with his official character. For the de.
nI n At tad aaI IzI
to ball on the charge OF penitentiary offence
In sending a challenge. The charge was In.
yestigated by the grand jury and dismissed.
| treated as challenge / immediately dis.
| claimed 1t and withdrew the letter. Your
Honors know all this, and therefore there 10
| nothing left for me to explain, apologize or
Tetraet. Having said this much, / beg leave
to add that the court Is mistaken In supposing
that ever ~ denied the power Of each Of the
punish for contempt committed ln open court,
| or so near thereto as to disturb the admins
mstl9n Of I1;tiss; On the wSSSn,rSry fully
and am supported In that denial by this
court and, as read the opinion OF the Supreme
is the power Of a single judge to de9ar or strike
| from the roll of the court an attorney who has
been duly admitted TO practice: He may pun
tss sed bR taxi
with this view beg leave respectfully to.
submit for the consideration OF this court
| WnetheT hm OF can DC hHecleu Dy the rule or
| order passed by this court yesterday. l also
| beg leave to submit most respectfully to the
| court my earnest protest against such con-
| struction OF the rule as would include me.
| The action Of the court In Furnishing for con-
tempt 10 and has been considered a criminal
proceeding, and the judgment a judgment in
a criminal case. Every law, rule or order
| creating a new punishment for past offence
] 10 within the constitutional prohibition
| against the passing OF CT post fdefo laws. In
| the case before the court II 10 announced by
| the rule itself that at the time OF the judgment
| relied on there was no power In single Judge
| to disbar an attorney or exclude him from
practicing In any other OF the courts, II 1t
| could have that effect In the court In which IL
was pronounced. The present rule, therefore
| creates new punishment for an offence al
| ready passed into judgment. 1t follows tn at
| 1t cannot be Tightfully applied TO me. Be-
sides, and beg pardon OF the court II In this,
my own case, 1present the further argument,
which 10 personal to myself, that such an Ap.
| plicAtion OF the rule passed at the same time
and Immediately following, and almost insep-
| erably connected with, the order for my res.
| tofation Will In effect deprive me OF the en-.
| joyment Of the franchises to which | was
| originally admitted by the order OF this court
| and TO which have been restored by the order
| Of the Supreme Court OF the United States
(Signed) JosAPW H. BRADLEY
| Judge Cartier said the court would take the
matter Into consideration,
Gage Whitley vs.. The Commissioner Of
Patents and the Secretary OF the Interior.
This 10 an appeal In patent case In which