The New York herald., 1869-01-27

thai this court had no jurisdiction over the offences
s courts anS aI 0s ss ne
against an independent court the punishment o. ne
offence must BE- metsd out ses ~ no. os cenr a. an
! inoependency It must certainly nave nscu ,o N.Y.
amusing 70 the applicant ,nty lot a,s o9 iSM in,
reason that the Jurisdiction resided here; s.~n, To
assume that the Criminal or the Circuit or Dlstrict
Court is an indepepdant tribunal Is to assume tue
Iaw-nlakng power for this District did not under. der
own views INTO etiect They spoke OF unit, of but
| one court; they have provided for but one CLERK;
| this decision is to dismembcr Bradley from a bar
| that never existed for the Criminal court never nau
| bar, except far as that bar IS derived rom ad-
mission TO the supreme Court; has no roll or attor-
| ncys and never had since It's organization; mas no
ssa has mo osrs nas court and cannot
! have under the organization OF she syslem
OF our courts u VIII be SEEN aners,ore re-, ,hat , ~ y
OF its opinion which is the duty OF subordinate
when II can be reached By the legal machinery that
| surrounded II. III would erect criminal court
into an independent court have not the power 10
| do 1t. We have power TO create seal for that
court we have no power to create in either OF the
Justices OF this bench the authority TO test the wrts
OF that court and in OF the judges OF independ
ent Jurisdiction does the act permit to carry out
the logic OF the opinion. We shall not attempt TO do
t This court SO far as It Is not lnterered with oy
dence Ia this District ordained by the lawmakcr OF
the District and studiously followed for these SIX
bench to ascertain what was the legal creature here
styled the Supreme Court OF the District OF colum-
Court OF the United States has discovered tribunal
there for the purpose Of attorneys practising; and
inasmuch as they have declared In eiect that ne y
a member OF that bar, and in his acts was not
member OF this; and inasmuch as they nave
created roll OF attorneys where none ever existed
before, propose, in the submission that is due
from inferior tribunal to its superior to yield to
the dica of the opinion to the extent Of Its ruling
tact e. prncss n fsseSs rs 2aF T. s Esaa 1f aSns
highest SnSs q g M as here S
If we would we would not II we could. Why this was
done it Is cifficult for me to determine do not
but tue only solution of 1t discover was in the
necessity OF creating separate urisdiction 10 lay
iursdction Sere " 70 give q 70 writ Of mandamns the
oce OF writ Of error, which 1t has been serving IN
this curious proceeding; 70 raise ~ = the supreme
Court jurisdiction, through the writ OF mandamus
that did not exist in error; for be u remembered all
the jurisdiction they hold is by legislative power
They have no common law Jurisdiction, Their
that OF any tribunal in the Uuted States
! can exercise 1t under the constitution. IL exists
solely by the authority and grant OF the law making
powers and inasmuch as the right Of appeal was not
serve Its purpose, and inasnluch as 1t could not be
ayaled Of without first creating jurisdiction IN the
| ingly created there and denied here, undoueted,y
with the very worst OF purposes For myself @ io 40
| without reassertng that the supreme Court Of the
United States has more control over the relations
OF this bar to this court than has this court control
over the relations OF this bar TO them. That the
power resides inherently In every court to regulate
in and dismissal from the bar; and without 1t,
with due Difference, the power and dignity Of
no Court can be maintained With 1t there
Ia no danger to well intended member OF the bar,
the history OF the profession has shown through
court to preside over the personal relations existing
between members OF the bar and another court that
court not sitting amid them nor being subject to
the influences of their conduct, nor exercising con-
troll SUCH there Is an end 10 the independence
OF judicial tribunals. This protest. which do not
assume to say is the protest OF the Court, but my
own wholly, is, think, the protest Of the profes-
slonal mind everywhere. IL must essentially be the
protest thus hurriedy uttered / commit this order
TO the record OF the court. ! am Instructed by my
brethren 10 Lave also entered another order which
is In the following Words
The Supreme Court Of the United States having decided In
recent case tina, the act Of Of the 81 q March &
sHa csa Ss so to 5
power punish con.empts and mscoadue, the q
% bar I'M , % % ss
ns nsr o ss ~ es s
Wss.1ns,sr Han, virtue Of this auihGri;y
s act to Of eS For 'ns The sd%on sAs Of
to manss 2 saa y
81 ns By S &C. o he y Of III
establish such rules a may deem necessary for the resla
act and from time time revise and alter rules is
ordered that attorney counsellor who has heretofore
missed the bar order Of either Of the courts organized
said act contempt of court professional misconduct
n &c 70 ~ any o,nel pros 70
that suspended from practice dismissed the
bar appeal from such order TO this court as in other
cases awe when such order OF suspension or dismissal SHAH
have beea frat made by this court Ia general term.
The Chief Justice-The case OF Lount VS.. - is
| the first case to be heard this morning
Mr. Bradley, SRI beg leave to inquire. your
| Honor, whether the last order prevents my piac-
tising In this court, the court In the general term
and the other several courts.
The Chief Justice-That viii be the subject OF de-
liberation Mr.. Bradley before the term ends.
Mr. Bradey-I make The inquiry. as desire TO be
heard in the case called II the order you have just
passed permits me.
The chief Justice-we viii pass the case for the
present IL VIII not inconvenience the parties In
any way. see your name s not on the calendar
as one OF the attorneys Mr.. Bradley, In that case.
Mr.. Bradley-lou VIII ind Bradley a Bradley
there, sir. The ilrm remains the same, although
have not been In the courts to practise for some
time. only desire TO know how far the rule ex-
tends.
The chief Justlce-You shall be advised in due
season.
Mr.. Bradley-1hen I understand your Honor to
say that this case will not be taken up s morningi
The Chief Justlce-No air; not II 1t VIII work any
serious inconvenience 10 the parties.
Mr.. Bradley-There Is another case the foot OF
the calendar the case of France va. McGee, in
which appear. would ike to have that passed
also for the present
the Chief Justice-we viii attend TO that case when
we reach. "a pauseD We VIII reserve the con-
sideratiOn OF the cases to when you refer until we
have deliberated upon the question as to whether
the order takes effect on you OF not.
THEATRES AND CHURCHES IN CASES Or FIRE ALARMS