The national Republican., 1869-01-27
THE COURTS.

N Washington City Post once.
THE COURTS.
DISTRICT SUPREME CouRT-This court sat
In general term yesterday, Chief Justice Cart
ter and Justices olin and wylie being upon
THE BRApLEY.rrsHER CASE.
At the opening OF the court the Chief Jus.
tice said: Before proceeding with the calendar
the Court, In submission to the mandate Of
S s.%s
In hc matter Of yoisph II. bradley October
Term, ls67.-In obedience to mandamus from
the supreme SOqT' 81 shs USites Sts,s
Term, II 10 ordered, That the order made In
this cause on the 9th OF November, 1897, d.
IectinF the name Of the said Joseph II. Brad.
solicitors, SC, authorized to practice In this
court, be rescinded, and that the order now
made be certified to the said supreme Court
as the return Of this court and the several JUS
tices thereof to said mandAmus.
or eourse this court, In passing this order,
simply yield Obedience to the supremacy. Of
ultimate tribunal commandsit. 1t is impossi-
BILE to follow the logic OF the opinion In its de-
tail, for 1t would Involve this court In hope
| less embarrassment, and render 1t impossible
| to carry into effect these plain and manifest
intentions Of the act Of Congress creating this
court Nevertheless, the PIoPtietie. OF judi.
| order, as merely the mandate OF q superior
power. The decision Of that court was based
upon the theory that this court had no juris.
dietion over the offences OF Its attorneys, COM
mltted In one OF the branches of the court, and
that inasmuch as the offence was against an
Independent court, the punishment Of the OF.
fence must be meted out there, not here, In
pronouneing either branches Of this court as
| an independency, 1t must certainly have been
very amusing to the applicant for this manda.
mus, who had denied the authority Of this in.
ferior court to act upon his case, for the reason
that the Jurisdiction resided here. To assume
that that or the circuit or the District court
10 an independent tribunal, Is to assume that
the law making power for this pistrict did not
understand the language they employed to
| carry their own Views into effect They spoke
Of unit Of but one court. They have pro:
yided for but one clerk. They have provided
| for but one seal. The effect OF this decisio
Is to dismember Bradley from bar that never
existed, for the criminal court never had a
bar, except so far as that bar Is derived
| from the admission OF the Supreme Court; has
| no roll OF attorneys, and never had since its
organizations has no sealj has no olerkj has
| court, and cannot have under the organization
| Of the system OF our courts. II win be seen, +,
therefore, that 1t is utterly impossible for this
which is the duty OF a subordinate court, VIII q
| 1t can be reached by the legal machinery that
surrounds It, II we would erect the Criminal
Eourt into an indePendsnt court, we have not
create seal for that court; we have no power
to create clerk for that courti we have no
power to create 10 either Of the justices Of this
court, and In none OF the badges OF indie
pendent jurisdietion does the act permit us to
ssmp SSn e' 10 osS r. aI Ts HS .aS we s:
far as 1t Is interfered with by direct power,
will pursue the system Of juI isprude nee 10 this
District, and studlo4siy followed for these e. I az
years Of experience In the study Of the bar nd
The bench to ascertain what was the legal
| creature here styled the "Supreme Court OF
the District OF Coiumbian But innsnuch A.
| a majority of the Supreme Court OF the United
States has discovered tribunal there for
much " they have aeslsrsd IN effect cit II aG Se
isa member OF that bar, and In hts acts was
not a member OF this; inasmuch as they
have created roll OF attorneys where none
| ever existed before, we propose In the submls
sion that 10 due from an Inferior tribunal 10
its superior to yield to the dicta OF the opinion
IKE ss,s1t 81 ts rsliSf fsS
further. II would be doing the highest VIC
lence to all the rationale OF the construction O
tSns meTe ,S, ~ uthpruasnse thp S mere to 70 40 asy
wewould; we would not do II il we could.
Why this was done It is difiieuit for me tc
determine. i do not know what may be III,
rationale OF my associates, but the only soiu
tlon Of 1t that / can discover was In the neces
sity OF creating separate jurisdiction, to lal
want of Jurisdiction here, to give a writ o
mandamus the office Of a writ OF error, whIel
II has been serving In this curious proceeding
to raise 10 the supreme Court lurisdictioi
through the writ OF mandamus that did no
exist In error, for, be 1t remembered, all tn
Jurisdiction they hold is by legislative power
| They have the common, law Jurisdiction Thei
| original Jurisdiction is more restricted thal
that Of any tribunal in the United States
There are but two or three cases where the
can exercise 1t under the Constitution,
exists solely by the authority and grant OF tn
law.making power, aud inasmuch as the Iixh
OF appeal was not created, this elastic writ o
inasmueh as II could not be availed of withou
hrst creating a jurisdiction In the CriminA
Court, and denying one here, 1t was accord
ingly created there, aud denied here, undoubt
edly with the very wisest OF purposes,
For myself do not feel at liberty to let thi
Judicial act Of force pass without Teassertin
has no more control over the relations OF thi
bar to this court than has this court contFO
over the relations Of this bar to them. ThA
regulate reg the relations Of ihe bar with hits itseii
both in admission to and dismissal from tn
bar, and without It with due deference) tn
s1H f. S 10 SO[1 aans:F Be msI
intended member Of the bar, as the history o
the profession has shown through ages. Tn
moment the authority Is delegated to one ne soar
members of the bar and another court, tina
court not sitting amid them, nor being subJec
to the influences OF their conduct, nor exefcis
lug control over such, there 10 an end to tn
independence OF judicial tribunals.
This protest-which do not assume to sa
is the protest OF the court, but my own
| wholly-is, think, the protest OF the pTofei
siOnaI mind everywhere. 1t must essential
| be the protest of the professional mind. Then
with this protest thus hurriedly uttered,
| commit this order to the record OF this court
am Instructed by my brethren to have ais
catered another order, which Is In the follow
ing words;
The Supreme Court OF the United State
having decided in a recent case that the act q
| Congress OF Sd OF March, 1888, entitled "a
act to reorganize the courts OF the District Q
| Columbia, and for other purposes" created
In addition TO this court, several other Dis
trict courts, respectively, each .haying powe
to punish contempts and misconduct on tn
part Of members o. the bar prseuSing theIein reia
OF the said decision, and Of establishing
salutAry rule OF comfy among all the court
organized under said act, such as prevails bt
by virtue OF authority derived from the 35t
section OF the Judiciary act Of 1850, authori7
ing the courts OF the United States to estht
| nttorneYh Al they may relpeetlYelY permit I