The national Republican., 1869-02-08
oor,urs

TEE ooURrs.
DISTRICT surRnnE CoUnr-Gsnsral Term.
Chief Justice Cartier and Justices wylie
and olin sat In bune Saturday, and were oc-
cupied a. followsi H ..|'
Harding Painter ct al. W. the Washington
md Georgetown Company. This is o petl-
tlon for mandamus directed to the inspect
ors Of election at the stockhohisrs' meeting,
them to bring Into court the
proxies used In voting at the last election OF
and also requiring them to Issue
O certificate OF election as directors Of said
company 70 Henry ID. Cooke, Salmon p.
Chase, Crosby 3. Noyes, II. G. Fahnestock
and VIM. Orme. The petitioners contend
that owing TO the counting Of improper
proxies ut the stockholders' meeting Henry
Hart, G. Vanderwcrkeu, James McKenna,
Allen Mitchell and NJ. +. Lane were declared
to be elected instead Of II. d. Cooke and the
other arst-named parties.
Mr.. Il. l.. Stanton, for the petitioners,
asked the court to make an order directing
the respondents to bring into court all the
ballots, legal and Illegal, and all the proxies,
valid and Invalid, all the protests and all
other papers offered at the last meeting Of
the stockholders for choice Of directors Of tho
Washington and Georgetown Railroad Com
pany, TO be held in the custody Of this court.
Mr.. Joseph II. Bradley thought that the
cnse could be heard now.
Mr.. Stanton argued that the proper par.
ties were not before the court, nor the case
sufficiently matured for present considcra-
ton.
Mr.. Bradley announced that he was ready
to make an argument, but before he did so
called the attention OF the court to his own
status, as follows;
THE mn nj Fy-FIsytRp CASE
Mr.. Bradley. But before commence the
argument l would like to be Informed
whether am to be here by sufferance
Chief Justice Cartier. I understand the
last ruling OF the court to bc-in which did
not participate-that II leaves you member
Of the bar until the further order Of the
court.
Mr.. Bradley. ] could not undertake to
practice on such terms.
Chief Justice Cartier. understand II was
the opinion Of the majority OF the court that
the rule still left you locus pcnitentie (plncc
for repentance.)
Mr.. Bradley. Then cannot accept locus
peRitentie.
The Chief Justice. understand majority
of the court to regard Il In that light.
Mr.. Bradley. understand an, then, un-
der that rule responsible TO the future action
of the court.
The Chief Justice. The majority Of the
court are more competent to speak upon that
matter than am.
Mr.. Bradley. I wish to sec whcre.I am.
want to stand hero unfettercd. wish to
stand here upon the same footing with every
other attorney; for on this condition alone
can stand here at all.
Judge Wylie. The Chief Justice has spoken
Of the last rule as the decision ofthc majority
Of the court. did not understand him to
dissent from the opinion at the time 1t was
announced.
Judge Cartier. acquiesced In silence.
Judge Wylic. My understanding Of that
decision was this the Supreme Court had
decided that all these courts were separate
three courts-and although, as question of
fact outside Of judicial observation, we
knew that an attorney had been dismissed
from the bar Of the Criminal Court yet we
had never had brought into this court a GER
tlfcate from the Criminal Court ofthat fact.
Therefore we had, judicially, no knowledge
OF his expulsion, although we knew rs indi-
vidunls that that was the fact. Before
making any order as to the enforcement of
our rule, In the case OF Mr.. Bradley, q
mean the rule recently adopted excluding
attorneys who have been dismissed from one
Of these courts from practice In any other so
long as that order remained In force, that
for the purpose Of permitting Mr.. Bradley to
make reparatlon where the offence was COM
mitted, In the Criminal Court, we would
not enforce the rule against him for reason
able time, In order that during that period
he might go to that court and take such steps
rs were necessary In order to be reinstated
in the practice there. We are under that
condition of things now. This Court has
waited to see whether Mr.. Bradley intends
to take that step.
Mr.. Bradley said the Court would pardon
him for saying that the course Of action In
dicated was beyond his power under the
present circumstances of the case.
Judge Wylie. We have now been told by
Mr.. Bradley 1t Is not his intention to take
that step. II will be necessary, therefore,
for the Court to take the next step.
Judge Olin. II brother Wylie is through
| wish to say word. I understood at the
time, when aftor the decision of the Supreme
Court We adopted the rule that when an at
torney had been removed from the bar of one
of these courts he should not be permitted to
practice here-whether he had been hereto
fore or should be hereafter removed, and
should not be permitted to practice SO long
as that rule remained In force-I understood
the rule to mean just what the words cx-
press, and understood that they applied to
Mr.. Bradley and excluded him from practice
In this court unless he complied with the
terms Of the rule. | am sure that would
be the last man In the world TO infict per-
sonal indignity upon him. have done what
has been done with great regret, and only In
pursuance Of my duty. | think, notwith-
standing the wisdom Of the Supreme Court,
this court ought to have control of the at
torneys and solicitors with the right to I'D
nit and the right to remove them. do not
think the Supreme Court has any jurisdic-
tion over that subject, yet considered that
as they had assumed 1t and we had received
their mandate we should yield cheerful obe-
dience to II. We adopted rule In self-pro-
lection, and understand 1t now to mean
substantially this, that Mr.. Bradley should
20 into the Criminal Court, and there seek q
removal of the order which Judge Fisher
(perhaps wrongfully and improperly had
made for his dismissal, then he can practice
as an attorney In this branch of the court,
(as 1t is callcdO but until that Is done he ID
precluded from practice as an attorney OF
this court. That Is my understanding of the
rule; that was my idea when assented to ha
adoption. Nobody on this bench but would
be pleased to see Mr.. Bradley In harmonious
relation with all the judges of this court
and think know something Of the judges
! understand Mr.. Bradley has liberty.
Mr.. Bradley. In parting, as an attorney,
must ask the court to allow this case, IL
VhiNh 4 "uo hibt " uC pOhtpuucC
until new counsel
Judge Olin. You should not, from any
thing ] have said, refuse to proceed here In
defence of your clients. / understood m,
brother Chief Justice Cartier to maintain
that you were at liberty to do so. Ihaye onl,
expressed my own views.
Mr.. Bradley. could not do Justice to IN,
clients here with the rod held over me In Ter
rorem US to whether the rule Is applicable /,
me or not. Justice 0lin could not admit IN,
into his court.
Judge Olln. Oh, yes; l am sure IL yot
should come In tomorrow l would reeeiy,
you as cordially as any one else. I shoult
be very sorry II, from anything l have said
you should refuse to practice In your cases
/ am sure shall listen with great pleasure.
Mr.. Bradley again urged that the case b,
had on hearing should be postponed In orde
to give other counsel an opportunity to b,
heard upon IL.
Judge Wylie. Mr.. Bradley, wish the cour
shall be distinctly Informed now of YOU
formal answer.
Mr.. Bradley. In the present condition o.
circumstances cannot go into the Crlmina
Court, but would not II could; not IL wal
sent to jail next day to rot for It, There Ia 0
difficulty which has not been removed wher
that is removed ! am open to move for con
ciliation, but l cannot submit to be insultet
In court and out OF court.
Chief Justice Cartier. We cannot hear this