The daily phoenix. [volume] (Columbia, S.C.) 1865-1878, 1874-01-16
eOLBtTB1A,,s s.. g.
Friday HON 4. January Is, 1874.
Judge e,carpsntsrfand the M.n,befs OF
tho Bar. M

LII view OF the general Ineerest mani
Tested by our community in the recent
decision Of Judge Carpenter in the mat
ter OF contempt alleged to have >been
committed by the attorneys for the
Citizens Savings Bank, Ne se!;mpelled
to examine into the crime for which sc
severe a punishment has been visited
upon an honorable body of men, to see
upon what grounds its intiiotion has been
placed, or whether the punishment is
properly graduated to the offence. This
has two heads. it seems. OF which one
consists in giving certain advice. the
other in receiving q retaining fee. Now
lawyers bueiness is to advise clients
aud act Tor them under certain oiroum-
stances. The presumption would neces.
earilys be, that this could hardly. s7es BE
construed Into, an uplawful OF improper
act. III this CASE the Judge gave an
order diFeatigg, ,,that property should
not be disposed Of. The attorneys.
whehatbnsnlted by their client, advised
it to seek the protection of court
organized specially for just such cases
as his. II thef Judge was free to make
his order, the attorneys, in their capacity
as saohs were equally at liberty to give
their best advice. The order is not
affected by the advice. Can advice be
torturedsEorftwis by any but biased
mindins9 8 diaobedience Of the Courts
ordetP tits not an act that is forbid
den. All writer's, we understand, agree
'that the ACT mnst be, in it's nature, in
juriousf and forbidden by the Court.
Ca1;the' filing Of q petition. the making
of an affidavit. the giving OF legal ad-
vice, be, BY tho most ingenious mind,
made to come within the prohibition
to dispose Of funds9 It will require .
wide latitude Of construction to make
'acss md advice identical. It is rather
CLOSE probing. to say that the advice was
given. with certain intention, and that
being adopted by the client. there arises
the presumption Of 'preooncerted ac-
tion."4 Advice. which is both good law
and good sense. ought surely not to be
construed into contempt OF Court. be-
cause the lawyer who gavo it. foresaw it's
legal result, II properly followed.
Judge Oarpenter seems inclined to
sueert at the speed with which Judge
Bonds sopinion was reached. He for
gets that he has himself been slow to
render ibis decree. There are persons
who suspect that something like resent
mentlinstead OF conscientious care, was
at the bottom Of such unsscmly delibera.
ton onlhis part HF'
, Another question remains for brief
consideration. Gan the acceptance of
q fee by lawyers be construed into con-
tempt, becanse their clients assets are
under ipjunotionP This proposition is
just as tntenable as the other. The re-
ceiving OF money from person forbid
den TO pay it can only render the pay
ment imperative. There is no con.
tempt about it. It was the act by which
the attorneys were constituted the
agents of their clients for certain pur-
poses. They were not agents until the
fee was received. They were moi agents
in receiving it.
1t is thus seen that. az against these
attorneys. the offence Of doing some act
which they were forbidden to do is not
established. Their right to do just as
they did has been fully vindicated by
the United States Circait Court. con-
firmed by the universal public senti.
ment. When VIC proceed further to
examine into the punishment passed on
six honorable gentlemen, whose de-.
pendence is upon the profession from
which it is sought to eject them. we are
struck with the singnlar alternative pre-
sented to them. A school-man, in The
extravaganza of his logic, might suy, ut
is credible because it is impossible"
but in Judge Carpenter, it is trifiipg
with the rights of citizens, and an Of
fence to the wellseitled sense OF Justice in
the whole community, to say to honora-
BILE practitioners at the. bar, "aohieve
imp6ssibilities and you may be rein.