The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1873-12-24
Tho Case or Contempt OF Attorneys Of
the Cttizens' Savings Bank

and Barker. yesterday. read RETURNS to
rule before Judge Carpenter. sitting in
chambers. requiring thsp to show cause
why they should not be adjadged to be
guilty Of contempt. These returns
prayed discharge of the rule, upon
grounds of denial OF interest or purpose
to disregard the authority of the court.
They claimed tha. the responsibility to
their client for advice given was exclu-
sivoly their own, and not subject to re-
vision or review by the Court. As
attorneys, they had discharged their
duty to their client, but had in no way
infringed upon the prerogatives Of the
Court. In ono OF them, it was stated
that the assets OF the bank passed into
the control OF the Registrar Of the
United States Court by operation OF the
laws OF the United States. and becsuse
the Circuit Court of tue State had no
jurisdiction Of the oase OF Watson rs
Citizens Savings Bank. In another, it
was avowed to be the ruling purpose to
place the case of the bank beyond con-
troll OF, but without disrespect to, the
Circuit Court. The right was claimed.
as a matter of conscience and sacred
principle. to restrain from giving pub
licity of the roasons why advice was
given to client. and specifically denies
that counsellors or solicitors can be pro-
perly held to account for suoh advice,
or that they are removable for the exer-
else OF such privilege and right. Mr..
Campbell, summing up for the attor-
neys. said that ull the respondents are
agreed in the main points. They
showed that the Court had proceeded on
erroneous grounds. These have been
fully exposed, and accompanied with all
necessary and proper explanations.
This ought to be fully satisfactory to the
Court.
The Judge considered the language Of
the returns unsatisfactory as to the mat
ter OF the fees received by counsel.
They should be explicitly stated. If
this were not done by them, it would be
his duty to summon the officers of the
bank. to give the desired information
He wished to have the matter fully be-
fore him. It was important, in his view,
to know what fees the attorneys re-.
ceived. wien and from whom, and from
what funds they received them. Mr..
Barker, on the part of the attorneys,
urged that they should not be compelled
to reveal what had come to them in tue
relations of confidence which sub sist
between the m and client. It might
place them in the most painful position
that of being brought into collision
with the interests of their client, by dis
closures which might re-act against him.
The obstacle tosgiving it was the possi-
BILE injury to be done in this way. If
assured that it would not have that
effect, they we're ready to amend their
return as required. They naturally
shrunk from what might be construed
as detrimental to their client. aud could
not do it in consistency with their pro-
fessional obligations. In response to
the earnest appeal Of Mr.. Barker, the
Judge said that lie could not promise
what effect the information sought would
have upon the interests of the client,
but did not SEQ any probability that it
would operate against them. U, ,,on cou-
sultation. the attorneys Of the bauk, in
the interests Of their client, concluded
to amend their return, SO as to cover the
points designated by the Court. Mean
time. they remuin under disability. His
Honor, however, intimated that ho
would give the matter instant nnd can
did consideration, and lose no time in
coming to his decision. Tho cnse, in it's
relations to tho Stockholders, was or
dered to be continued till the first Mon
day III February. Thus n matter in
which the community has felt IL deep
and p,inful interest, promises to be
honorably and amicabIy adjusted. We
congratulate all parties on the prospect.
An Oufrage-The Legislature una I'm