National Republican. (Washington City (D.C.)) 1872-1888, 1874-10-13
THE COURTS.
SUPREME COURT OF THE UNITED
STATES.

SUPREME COURT OF THE UNITED
STATES.
MONDAY, October II, 1874.
Pursuant to adjournment, the court met this
morning at Il o'clock. Present, Mr.. Justice
Swayne, Mr.. Justice Miller, Mr.. Justice Field,
Mr.. Justice Strong and Mr.. Justice Hunt.
On motion of Hon. Reverdy johnson, Walter
Curtis, ESQ.,, Of Boston, Mass, John B, Harmon,
esq.,, OF San Francisco, Cal, and Albert Richie,
ESQ.,, Of Baltimore, Md, were admitted to prac-
tiee as attorneys and counselors of this court.
On motion OF Mr.. A; q. Riddle, Arthur V. Brie-
sen, esq.,, Of New York city, was admitted tOprac-
tiee as an attorney and counselor of this court
On motion of Mr.. J. w. Denver, Luther H. Pike,
esq, Of Alexandria, Va, was admitted to practice
On motion Of Mr.. Attorney General Williams,
Henry q. Strive, esq, Of Olympia, Washington
Territory, was admitted to practice as attor-
ney and counselor Of this court.
On motion Of Mr.. W. P. Clarke, Lemuel B.
Patterson, esq, Of Iowa City, Iowa, was admitted
10 practice as an attorney and counselor of this
On motion of Mr. T. J. Durant, Charles B. Sim
gleton, esq.,, of New Orleans La, was admitted to
practice as an attorney and counselor Of this
court.
Mr. Chief Justice Waite announced to the bar
that the court would commence the call of the
docket tomorrow, under the twenty-sixth rule.
Adjourned until tomorrow at II o'clock.
THE LATE JUDGE CURTIS.
The bar Of the Supreme Court Of the United
States met in the COURTROOM in the Capitol this
morning to pay respect to the memory Of the late
Benjamin r. Curtis.
On motion, Hon. John A. Campbell was ap-
pointed chairman, and D. W. Middleton (clerk of
On motion Of +. Phillips, esq.,, the Chair ap
pointed the following committee on resolutions,
namely: ReYerdy johnson, Philip Phillips. VIM.
NJ. Eyarts, Benjamin H. Bristow, George H. VIII
lams, John A. ]. CresWell Richard T. Merrick,
Richard NJ. Corwine and T. d. Lincoln.
ThereupOn the committee retired, and after
some time spent in consultation, returned, and
Mr.. johnson, their chairman, said he was in
strUcted to suggest to the meeting to adjourn
until FRIDAY mOrnfnu at Trh
the committee will report resolutions, and suitable
addresses will be made by several gentlemen.
ID. W. MIDDLETON, Secretary.
CRIMINAL COURT-MR. JUSTICE HUM
PHREYS.
This court was engaged as follows yesterday:
Peter Parker, indicted for larceny, plead guilty
and was sentenced TO the penitentiary for three
Frank Smith and Charles Wilson, indicted for
burglary and larceny. Smith plead guilty, and
Wilson was convicted,
for larceny. Foster was acquitted, and Jackson
Brutus found guilty OF petit larceny.
PENITENTIARY coEvICTs.
Sentences were passed in the following cases
under previous convictions: Joseph James and
Alexander Williams, ten years in the peniten-
tiary for arson and burglary; VIM. johnson, thir-
teen years in the penitentiary on several conVic-
tons for larceny and burglary; Albert Davis, i've
years in the penitentiary for larceny.
GENERAL TERM-SUPREME COURT,
Chief Justice Cartier and Justices WyIie, DIN
and Macarthur sat In 6Gnc yesterday for the
hearing of appeals.
ADMISSION TO THE BAR.
H. H. Wells, jr., Of Va, was admitted to the
bar Of this District.
THE EFFECT OF RESTRAINING ORDERS.
Darlington VS.. Sweeny Brothers. Motion on a
rule to show cause; heretofore reported. Mr..
Justice Wylie pronounced the opinion Of the
court. He said there was o motion for attach
ment for disobedience to q rule OF the court. The
FwNaR nF Wha IN int
order preliminary to an injunction, and when the
case came on for a hearing the Injunction was re-
fused, and an appeal was taken from the judg
ment Of the court refusing to grant the injunc-
tion. The defendant, believing the preliminary
injunction had ceased, went on with his work,
(which had been Testrained,) and the plaintiff
thereupon applied for q rule against the defend
ant for disobeying the order OF the court. This
was done upon some theory that the appeal con-
tinued the operation Of the restraining order.
This was, however, q most erroneous idea. The
preliminary order was Of no force after the hear
ing. 1t is then either discharged by refusal to
grant the Injunction or superseded by the formal
Injunction itself. Judge W. doubted If the prac-
tice here Of granting restraining orders pdTte,
although 1t came to US from Maryland, was in
conformity with the judiciary act Of 17S4 which
forbade United States courts TO grant injunctions
unless upon notice. But the 1854 practice had by
long custom become fixed, and its legitimacy was
not now disputed.
Mr. Justice DIN said It seemed to him that the
character Of this restraining order had been much
mistaken. This restraining order only stops the
party where he is until he comes up and there is
a hearing on the question Of a perpetual injunc-
tiOn or an injunction PendeHte lite. Should the
decree be perpetual, or in any way involve the
merits, it was appealable; otherwise, not. He
was not troubled about the act of 1884. That act
of Congress has no reference to this court. Acts
in relation to the Circuit and District Courts of
the United States do not apply, as has been often
decided by the Supreme Court, TO this court un-
less specially named.
Judge WyIie was satisfied that the practice had
long been sactioned.
/. The Chief Justice said that he had no difficulty
in eoncurrlng with his brethren upon this subject.
The application for q rule was based upon DISC
bedienee TO order Of the court after that order
was fuHetus obieio, and there could be retroactive
contempt Of court in that particular but 1t Is as
sumed that because an appeal transpired the re-
straint continued.
: MIR. Justice Macarthur announced his concur
renee.
Strong vs.. Darneille, Dodge ct al. The merits
of this suit have been heretofore reported. A
preliminary motion to dismiss was oYerruled,
Judge Olin dissenting,) on the ground that the
injunction motion in this case involved the merits
Of the case, and an order therein could be ap-
pealed from. The case was then argued, but not
decided.