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LANCASTER DAILY INTELLIGENCER, ERlDA JANUARY 30, 1880C
Lancaster Intelligencer.
"FRIDAY EVENING, JAN, 30, 1880.
In Court.
In answer te Judge Patterson's rules
en the editors of the IXTELLiGEXCEitte
answer for contempt, and te show cause
why they should net he disbarred, they
appeared before the court this merningat
10 o'clock and answered through their
counsel, Rufus E. Shapley, esq., of the
Philadelphia bar, who read their answer
andjnade an argument of mere than two
hours' length in support of the propesi-
tiens
which the answer maintained.
These
in brief were that defendants
were
four
called te answer en one of
grounds; either for a con-
tempt
committed in court or out
of court, or for professional misconduct
and a breach of fidelity in court or out of
court.
"If the charge w;is contempt in court
the respondents said that they had com
mitted none, having promptly and cour
teously obeyed the judge's summons
and respectfully and truthfully answered
his interrogatories, even though they
were net in a legal proceeding.
If the charge was based en a publica
tion out of court, the act of 1830 declares
that courts shall have no power te pun
ish for contempt in such case.
If the charge is for professional mis
conduct in court none occurred.
If it is alleged that a breach of fidelity
was committed in publishing a libel en
the court, such accusation, involving
questions of fact and motive, must be
submitted te trial by jury, under the law
of the land, and the court is net cempe.
tent te determine it until after such
constitutional trial.
The pre positions were argued and num
erous authorities te sustain them cited
in a speech which the bar and all who
heard it seem te pronounce learned, elo
quent, dignified, respectful and forcible.
Judge Patterson took the papers and
reserved his decision.
The Tyranny of Corporations.
Mr. Ge wen tells a committee of Con
gress that the heart of the people needs
te be changed before they can be freed
from the tyranny of discriminating cor
porations, and that the judiciary is an
inadequate bulwark against the danger.
Mr. Gewen was testifying before the
committee which has in charge the bill
imposing restrictions upon the powers of
railroad corporations te discriminate be
tween their customers in their charges
for transportation, and seemed te be of
the opinion that the control of the evil
must be left te the states, and that even
there it could net be controlled by stat
ute, owing te the vast power of the cor
porations which would contaminate the
fountains of justice if it failed te subsi
dize the Legislature. "We are altogether
in a bad way according te Mr. Gewen 's
idea, and there is mere truth than
poetry in it. Judges are mortal, and
many of them are very peer specimens
of mortality. The title of judge is net a
guarantee that the man who wears it
honors it. If the " heart of the people '"
of which Mr. Gewen speaks was all right
and the head likewise, the men who arc
made judges would be worthy of our
confidence. It is the people who elect:
and if the people were fit for their business
the judges would be fit for theirs. "The
people who elevated us te the bench,"'
as Judge Patterson says, certainly expect
him and his fellow judges te administer
the-laws with wisdom and impartiality.
But it is eminently a case of
great expectations very inadequately
satisfied. And in many mere eases
than that of Judge Patterson. Our su
preeo bench of Pennsylvania is by no
means illustrious in all its parts, and it
does net surprise ns te have Mr. Gewen
say that he has heard it threatened te its
face with the power of the Pennsylvania
railroad. "We all knew that this power
exists and is unscrupulously used in leg
islation. It is but new that the com
monwealth is prosecuting in Harrisburg
the agents of this company who sought
tedebauchthe Legislature and secure the
passage of a bill granting the aid of the
state te the county of Allegheny te pay
four millions of damages alleged te have
been occasioned by the riots, though new
it Is announced that the railroad com
pany has consented te receive less than
two millions of dollars from the county
en account of its losses, which far ex.
ceeded in amount the aggregate of these
of these of all the ether sufferers. There
was a large sum in this four million ap
propriation laid aside for the use of the
men who sought te secure the state's ap
propriation. The state was net only te
pay the damages, but also the men who
forced her te the expenditure.
In this case the heart of the people was
tee stout for the corporation ; and new
that the judiciary is called upon te pun
ish the offenders it remains te be seen
hew strong its courage Avill be for the
work. If Mr. Kemble is punished for his
admitted wrong we may conclude that
Mr. Gewen despairs tee much of
the judiciary ; and if Mr. Kemble
finally gets past the gubernateria
pardon into the jail he has se richly
earned, we may have confidence that
the heart of the people is approaching the
state which is needed te secure from its
servants the execution of its will. It is
certainly true that eternal vigilance, is
the price of a people's liberty, and they
must have the needed intelligence and
courage te exercise such vigilance or
they will become the prey of the spoiler.
Their greatest danger new lies in the
vast aggregations of the capital of cor
porations into the control of a few hands.
One of the chiefest instruments for their
oppression which the cupidity of railway
corporations drives them into using is
that of discrimination in freight. It
amounts te a tax levied by the
power of the state upon its cit
izens unequally, se that one is given
advantages while the ether is ruined.
It does net matter much te the injured
that the state levies the tax indirectly
through the corporation it has created
and clothed with the power. The fact
that the power exists and is used is suffi
cient te show that it should betaken
away. The practical difficulties at
tending legislation upon the subject,
though great, are certainly net irreme-
diable. Congressional legislation can de
away with part at least of the trouble,
and the major part; state legislation can
finish the work. It cannot be that in
telligent and honest statesmanship will
net find a remedy for a crying evil that
is recognized as such en every hand, and
even by the corporations who inflict it.
We have no objection te the Philadel
phia Press taking a contrary view of the
law in contempt cases from that which
we held, but it should be careful net te
misstate the fact en which the proceed
ings in contempt are based. This jour
nal did net say nor intimate that Judge
Patterson had been a party te the prosti
tution of the machinery of justice. What
it did say was that as "all the parties im
plicated,as icell as the judges themselves,
are members of the Republican party,
the court is unanimous for once that
it need take no cognizance of the imposi
tion practiced uikmi it, or the disgrace at
taching te it."
m m
PERSONAL.
Senater Bi.aim: will be fifty years old
te-morrow.
Shamus O'Brien, of Baltimore, made
an unsuccessful attempt te commit biiicide
the ether day.
A quaint little girl who is playing But
tercup in the children's " Pinafore," in
England, is a near relative of the late
Chaiu.es Mvtiiews.
Sir Jehn Astlev, the patron of athletic
sports, sings a geed song, and rcccnlty at a
village concert gave "The Englishman"
and "Lily Dale" with fine effect.
The mysterious disappearance of Dr. S.
Dana Hayes, the eminent chemist and
state assaycr of Massachusetts, is the
latest sensation that is agitating Bosten.
Colonel Nelsen Tri'sler, United
States district attorney for Indiana, fell
dead in the opera house in Indianapolis,
last night, of apoplexy.
Mr. Algernon Sartoris, who married
Miss Nellie Grant, is at the Brevoort,
New Yerk. Mrs. Sartoris, whose death,
it will be remembered, was announced in in
cerrcctlv a few mouths age. did net ac
company her husband in his visit te this
country.
Mrs. Lyoia A. Ferney, wife of Wicn
Ferney, Harrisburg, was nominated but
declines being a candidate for school di
rector. She says were there a lady nomi
nee from ether wards she would cheerfully
accept the position. Mrs. Ferney is a na
tive of Lancaster and has many friends in
this city.
Ex-Minister Wasiibcrxe positively de
nies that he stands in any ether relation te
the presidential canvass than that of a sup
porter of Gen. Grant, and affects te be se
sure that Grant will be tendered and will
accept the nomination that any talk of
possibilities and contingencies de;s net
concern him in the least.
Riciiaru FitOTHiNGHAM, the vctcnni
historian and journalist, died at his resi
dence at Charleslewn, Mass., last night,
at ten o'clock, of acute pneumonia, aged
GS. He was the distinguished historian of
the "Battle of Bunker Hill" and the
"Siege of Bosten, " was formerly a Dcm
ecratic politician and one of the preprie
ters and editors of the Bosten Pest.
At the residence of the bride's parents,
in Philadelphia, last evening were married
Annie M. Fiti.ej:, the eldest daughter of
Edwin II. Fitler and Charles II. Hewell,
eldest son of Henry C. Hewell, formerly
sheriff of Philadelphia. The marriage cer
emeny was performed in the drawing room
at seven o'clock, by Bishop Stevens. The
bride's dress was of white satin and white
brocade, trimmed with pearls and duchesse
lace and lace veil. Her jewelry consisted
of diamond ear-rings, a "present from the
groom, and a diamond breastpin, a pres
ent from her aunt, Mrs. Jeseph Moere.
Nearly one thousand invitations had been
issued, and among the guests were many
of Philadelphia's most distinguished
citizens.
LATEST NEWS B MAIL.
The Netherlands have recognized the in
dependence of Keumania.
Au universal exhibition of arts and man
ufactures will be opened in Brussels en the
first of May next.
Rev. J. M. Tower committed suicide at
Fairbault, Minn., yesterday. He leaves a
wife aud six children in Illinois.
It is announced that the German govern
ment intends te propose a tax en all per
sons who arc exempt from military ser
vice. Jeseph Kinkcnbcrgcr, aged 215 years, a
resident of Yerk, who had freighted his
way in from Mansfield, Ohie, was killed
by the cars at Harrisburg yesterday.
Geerge Pintard, while mounting a scaf
fold at Mount Helly, N. J., yesterday was
seized with vertigo and fell te the ground,
breaking his neck.
James Andersen, an undertaker of
Dever, N. J., was killed by a train while
walking en the railroad track at that place
yesterday morning.
The trouble between the white and black
laborers in Shenandoah county, Virginia, is
ended, and the military sent there have re
turned home.
The Saundcis Heuse, and several stores,
at Plattsmouth, Neb., were burned yester
day morning. Less, $30,000. It is bc
lieTcd the fire was the work of an incen
diary. The third trial of Mrs. Smith and Ben
nett, charged with the murder of the form
er's husband in Jersey City, is drawing te
a close, counsel new being engaged in
"summing up."
At Whitehall station, of the Lehigh
Valley railroad, yesterday morning Ella
Shaffer, aged about seven yiars, had her
feet caught in the frog of the railroad
track and was killed by a passing passen
ger train.
At New Orleans, yesterday, the district
attorney filed a complaint against the prin
cipals and seconds in the Bnrke-Hearscy
duel. The principals were held each in
500 bail, and the seconds in $250. Under
the state law the penalty for lighting a
duel is 2000 fine and two years' imprison
ment for the principals, and 100 fine and
one years' imprisonment for the seconds.
Francis P. Hughes, a young man living
at 323 East Thirty-fourth street, New
Yerk, while intoxicated in Brooklyn, en
Wednesday night, stepped at the peanut
stand of Giacome Baylicli, an Italian, for a
cigar light, when he staggered against the
Italian, and in return was dealt a blew en
the head with an iron nut cracker, receiv
ing probably fatal injuries. Baylicli was
.arrested and Hughes was taken te a hospi
tal. At New Orleans, yesterday, the suit of
bchmiut 2e zicglcr against R. G. Dun Jc
Ce., mercantile agents, resulted in a ver
dict of 1,000 for plaintiffs. It appears
that Dun & Ce. rated an irresponsible com
mercial firm very high, and failed te inform
the plaintiffs, when the latter asked for a
special report ; that the agency's inferma-
tien was obtained from the members of
the firm themselves. Relying en Dun &
Ce.'s report, plaintiffs sold a bill of goods
en short time te the firm in question, who
failed te pay for what they bought. Hence
the suit.
TIIK WAIS OF FACTION.
The H ales the Party.
Examiner Hull King Organ is in a bad Humer.
The " rules of the party" were carried
out in letter and spirit, as interpreted by
precedent. The rules require that "candi
dates for the various offices shall be nom
inated by a direct vote of the members of
the Republican party." It has never been
claimed that the position of delegates te a
state convention is in any sense an "office."
When their election did net involve the
holding of a special primary election dele
gates have been elected at the time of nom
inating candidates for the several offices.
In 1870 the delegates te the state conven
tion were elected by the county committee,
and again in 1878, and in both instances
the state convention met before the usual
time for nominating a county ticket. It
has net been the custom te held a special
primary election, only for the purpose
of electing delegates te the state con
vention. It is about time this falsehood
was nailed, that any "rule " of the party
was " net carried out" in the election of
the delegates by the county committee.
Ne voice in the committee was raised
against the right te elect. In 1878 the " Heg
Ringers" indorsed and approved it. In 1880,
if they had been able te control the com
mittee, they would have taken fiendish de
light in using the committee te put a full
delegation of "swine" into the state con
vention. There is net one of them, who
gives an honest answer, that does net ad
mit it, and has done se every day since
the call was issued for the state conven
tion. The Times and Press are only tee icady
te re-echo all the falsehoods and slander
the Intelligence!! and its aid the Era
grind out in Lancaster, and because they
knew we rate them at their true value, and
de net care te take the time and space te
contradict them, they keep en repeating
them.
An Impudent Usurpation.
Philadelphia Press.
The Lancaster Examiner denies that any
"rule" of the party in Lancaster has been
violated by the refusal of the county com
mittee te order a primary election for the
choice of delegates te the state con
vention, and says that the " ether side "
would have done the same thing if it had
had the majority of the committee. With
the quarrel between the two factions in
Lancaster the Press has no part. It
merely insists that a county committee
ought net te have the power which the
Lancaster county committee exercised, and
that the people, by direct action, should
have it. In ordinary cases the voters
might net carefer the privilege. But when
a Republican nomination for the presidency
is mere or less involved, and great public
interest attaches te the act, the county
committee which conscientiously and
intelligently grasps this power
belonging te the people and which
defiantly exercises it, is guilty
of an impudent usurpation. It is
just such tyranny which had raised up an
army of scratching protesters of 20,000 in
the state of New Yerk. Every true Re
publican should frown upon practices
which arc calculated te breed dissension
iu the party, te cause just resentments
and te weaken general confidence in its
management. The Press believes in the
rule of the people composing the party,
and net in the rule of any of the machinery
of organization. And under all circum
stances it will maintain the right of the
individual voter against the usurping and
self-seeking placeman.
Just Like IIi".
Philadelphia Times.
The Republicans of Lancaster county
will hardly get much real comfort out of
the resolution slipped through the county
committee te allow them te instiuct the
Chicago delegates at a primary election
in May. The able chairman of the county
committee has such a distrust of the pce
pic and cares se little what they think of
things that it would be just like linn te ar
range te have no primary election in May
IIAY'T removed.
Inspector Iliinuiieml Making jv Confession
and Then falling with Apoplexy.
Indian Commissioner Hayt was removed
from office yesterday by Secretary Schurz.
Late in the afternoon Mr. Schurz entered
the commissioner's office and said : " Mr,
Hayt, you must go." At the same time he
handed him the following letter :
"Jan. 20, 1880.
"Hen. E. A. Hayt, Commissioner of Indian
Affairs :
" It has become my duty te inform you
that the public interest demands a change
in the Commissiencrship of Indian Affairs,
and that your further services iu this office
are dispensed with.
"Very respectfully,
" C. Schukz."
A committee of the beard of Indian com
missioners has been investigating for some
time charges against Mr. Hayt, the spe
cific charge being that he failed te prose
cute a corrupt Indian agent, eue
Hart, because that agent had
interested friends of the com
missioner in a silver mine about a year
age. Inspector Hammend went te the San
Carles agency, in the southwestern part of
Colerado, and made a report charging
Hart with all maimer of corruption.
About this time Hart sent Commissioner
Hayt a specimen of ere from a silver mine
which was en the reservation, but which
mine, by a convenient use of surveying
tactics, was placed outside of the reserva
tion. Inspector Hammend fell into lins,
and did net present all the facts te the de
partment, but did go te Jersey City, and
in the building where Hayt's bank, the one
whose failure brought about Hayt's in
dictment, was located, found relatives and
friends of Hayt, who embarked in the
mining scheme. General Fisk had a letter
of Hammend's te Hart, granting the lat
ter immunity. Hammend declared the
letter a clever forgery, and otherwise per
jured himself before the commission.
Yesterday morning Hammend ap
proached Gen. Fisk in the corridor of the
Riggs house and asked for a few moments'
conversation with him. They retired te
the reading room, aud after asking a few
questions, Hammend said that he was
satisfied lie had been made a dupe of by
ethers. He then admitted that the letter
produced by Gen. Fisk was genuine.
Hammend was intensely excited while
making his confession, and as seen as he
had finished speaking he dropped te the
fleer in a paralytic fit.
He was at once taken te a room in the
hotel and he slowly recovered. When able
te speak he sent ler Senater Plumb, who
is his friend, and they talked together for
ever two hours. It is supposed that Ham Ham
eond made a full confession of his case te
Plumb.
Other charges against Mr. Hayt are iu
Gen. Fisk's possession, which would have
been presented had he net been removed.
Mr. Hayt was personally one of the most
unpopular men in the service of the gev-
vernment. lie naa scores el enemies
among representatives aud senators, who
said that they visited his office with ex
treme reluctance because of the discourt
eous treatment they almost always received
at his hands.
The Curtin-Vecum Case.
Contrary te the expectation of ex ex
Governer Curtin's friends, there will be no
election for congressman in the Twentieth
district en the 17th of February. The
sub-committee of the Heuse Committee en
electieBS has submitted a majority and a
minority report te the full committee, but
action thereon has been postponed tiil next
Tuesday. , The majority report recom
mends that the scat be declared vacant,
but even if the Heuse should adept the
report it would be impossible te comply
with the previsions of the law relating te
special elections for congressmen before
the time of holding the regular borough
and township elections.
SUICIDE OF A FAB31EK,
Prostrating Himself en the Track Before an
Approaching Train.
A well-to-de, farmer named Jehn II.
Soper, wlie lived a few miles from Fred
erick, Md., committed suicide without
any apparent cause, en the Baltimore
and Ohie railroad near Sandy Heek. Soper
was run ever by a freight train at about
dusk,and when picked up life was extinct. It
was supposed that he had been accidental
ly struck, until the statement of a 10-ycar-eld
son of the deceased man showed that
Soper had deliberately placed himself in
front of the approaching train and awaited
death. The boy said that he and his
father, who were visiting friends in the
neighborhood, had gene eutwalking along
the railroad track, Soper conversing upon
various topics apparently in the best of
humor. Toward dark they turned home
ward, and seen afterward he heard the
whistle of the approaching train. Soper
at this time, according te his son's state
ment, exhibited great excitement, and
exclaimed: "Charley, you run ahead and
tell them te have supper ready." The boy
obeyed, but when he had gene a few hun
dred feet he chanced te leek back and was
horrified te see his father stretched across
the rails directly in the path of the train.
Screaming loudly, he ran back toward his
father's prostrate form, but getting his
feet tangled in some undergrowth beside
the rails, he fell headlong into a ditch,
without being noticed bv the engineer of
the train, which at the next instant dashed
by. The child scrambled out of the ditch
and approached the body of his 'father,
which was horribly mangled. Giving one
leek at the ghastly remains, lie ran across
the fields, wildly screaming for assistance.
1KKEMEN DECLARED INSANE.
The Second Ariventist Who Killed Ills Child
After a Vision.
Charles Freeman, the Second Advcntist,
who killed his child in Pecassct, last May,
was yesterday arraigned in court, and it
being testified by medical experts that the
man was insane, he was remanded te jail te
await the May term of the court, when, if
his condition remains the same, he will be
sent te the lunatic asylum. Freeman still
persists in his assertion that tjhat the sac
rifice of his child was a just and proper act
and was demanded of him in a vision. It
will be remembered that, after a prolonged
revival in his sect, he awoke his wife in
the early morning of May 1 last and
told her that he had seen Ged in a
vision, who had required of him that, as
Abraham had obeyed the call te sacrifice
Isaac, se should he eiler up his little
daughter Edith as a human sacrific. Then,
after both had prayed, the mother went
back te her bed and Freeman sought a
sharp knife. The five-year-old daughter
slept in the next room. Bending ever her
as she slept, Frccmaai3r.drevc the knife
through her heart. She opened her
eyes and, as the father afterward
freely related the circumstances, cried
out feebly "Oh, papa!" and died.
Freeman lay down beside his wife again,
and both slept peacefully till morning. He
confidently expected that the child
would rise from the dead en the third day.
Though his neighbors of the same sect
appear te have known of the murder, nene
of them informed the autherities.and it was
enlv bv accident that the crime was dis
closed.
STAT; ITEMS.
A six-year-old girl named Shaffer was
killed by a Lehigh Valley railroad train at
Whitehall, yesterday.
In Alba, Bradford county, Mrs. Jehn
Reynolds, aged 75 years, died en the 55th
anniversary of her marriage. Her hus
band's death had occurred three days pre
vieus.
Bishop Tuigg has issued a circular te
the Catholic clergymen of the Pittsburgh
diocese, directing them te take up a collec
tion for the benefit of the suifcrers in Ire
land en Sunday, Feb. 8.
LOCAL INTELLIGENCE.
COUKT OF COMMON' PLEAS.
Itefere Jndge Patterson.
In the ease of Jehn K. Barr and Hattie
Barr, for the use of Jehn K. Barr, the jury
rendered a verdict in favor of the plaintiff
for 1,000.08.
Hefere Judge Livingston.
In the case of Levi Sensenig vs. Jehn
Mcntzer, the plaintiff suffered a non suit.
In the case of Elias E. Bacr vs. Martin
Bear, Jacob A. Bear, Samuel Bear, Ames
Bear, LabanRanck, for Amelia Ranck and
Mary Weidlcr, issue of detisaeit vel non,
te try by a jury the validity of a certain
paper or writing, purporting te be the last
will and testament of Wm. Bear, deceased,
a verdict was taken favor of the defend
ants. Admitted te the liar.
Rufus E. Shapley, of the Philadelphia
bar, was admitted te practice in our
courts.
Pigeon Sheeting.
Yesterday afternoon several gentlemen
of this city, took a drive out th3 Millers
villc pike at far as the first tell-gate, te
witness a pigeon sheeting match between
S. Clay Miller and Jehn Snyder. The
match was 15 birds each, 21 yards rise, 80
yards bounds. Harry Gundaker acted as
umpire. The score was as fellows :
Miller 101101111100011111
Snyder. ...100110011011111 111
There being a tic aud the party having no
mere birds it was resolved te sheet off the
the tie at some ether time. Each of the
men hit three of the birds marked missed,
but they fell outside of the bounds.
Aunt Pelly llasset.
Last evening Aunt Pelly Basset gave au
entertainment in the opera house te an au
dience which was net remarkable for its
size. The entertainment was similar te
the one given before and seemed te please.
Miss Ballc Norten, a remarkably clever
vocalist, who has joined the company re
cently, sang a number of popular songs of
the day and assisted te a great extent in
making the entertainment enjoyable.
Accident.
Geerge Nees, of Manheim, while en a
visit te his seu near Brickerville, en Wed
nesday afternoon, happened te be
standing en a cellar deer while in conver
sation it gave way, and in falling against
the remaiuing portion of the deer frac
tured several of his ribs, besides receiving
ether injuries. He was taken home, med
ical attendance procured, and he is new
confined te his bed.
Drank and Disorderly.
Themas Thompson was sent te jail for
30 days this morning by Alderman Barr,
for being drunk and disorderly. Geerge
Jenes get a ticket of admittance geed for
10 days te the same institution.
.
Lucky Lancaster.
Philadelphia Times.
The Democrats of Lancaster have con
cluded te reneminate Mayer MacGenigle,
and the city may consider itself very for
tunate if it always gets as geed an execu
tive efficer as the present mayor.
BEFORE THE COURT.
The Case of Contempt and Disbarment.
At 10 o'clock this morning before Judges
Patterson and Livingstgn was heard the
case of Messrs. Stcinman and Ilensel, edi
tors of the Intelligence!: and members
of the Lancaster bar, upon whom Judge
Patterson had served rules te answer for
contempt of court, and te show cause why
they should net be disbarred.
The bar was densely packed with attor
neys, every seat being occupied and large
numbers being compelled te stand. The
court room was filled interested specta
tors. On motion of II. M. North, esq., Rufus
E. Shapley, esq., of Philadelphia, was
admitted te practice before the courts of
this county.
At 10 o'clock Judge Patterson stated
that the hour had arrived at which Messrs.
Steinman aud Ilensel were te answer the
rules served en them.
Mr. Steinman rose and said he and Mr.
Ilensel were prepared te answer through
counsel.
Judge Patterson said that was net what
'was wanted ; the answer should he in
writing and sworn te.
Mr. Shapley said he held in his hand the
sworn answers of Messrs. Steinman &
Ilensel. They had been printed, and if
it pleased the . court he would read the
answers, or was prepared te argue the
case, as the court should direct.
Judge Patterson said the answers should
be "read before the argument commenced.
Mr. Shapley then read the answer te the
rule made by Mr. Stcinman, and stated
that Mr. Hcnscl's answer was in the same
words, excepting the name of respondent.
The answer was as fellows :
And new, January 30th, 1880, the said
Andrew J. Steinman comes into court
and for answer te the above rule te show
cause why he should net appear and an
swer for contempt, respectfully says :
1. That the said proceedings are irregu
lar and said rule was improvidently grant
ed, because said rule was net entertained
upon a complaint, supported by affidavit,
setting forth the precise charges against
him, but appears te have been entered by
the court of its own motion, for matters
net occurring in the presence of the court
and of which the court had no judicial
knowledge.
2. That the publication set forth in the
prefatory part of said rule was made out of
court in the Lancaster Dailt Intelli Intelli
eenckr, a newspaper published in the city
of Lancaster, by the respondent as one of
the publishers of the said newspaper, and
was made in geed faith, without malice
and for the public geed, of and concerning
a case of great public importance which
had been, before the writing of said publi
cation, fully ended and determined, and in
which the respondent had no interest as an
attorney ; and net of and concerning any
case depending and undetermined iu this
honorable court ; and therefore the respond
ent is net answerable, under the law, for
a contempt by reason of said publication.
3. That the proceedings recited in the
prefatory part of said rule as having taken
place in the presence of the court did net
occur in any legal proceeding in said court
and were caram non judice, and the re
spondent is net answerable for any con
tempt by reason of any of said answers
made in said recited proceedings, or by
reason of his declining te answer any of
the said questions propounded te him by
your honorable court ; but the said re
spondent says that having been sent for
and interrogated as aforesaid by said
court, he answered said interrogatories re
spectfully and truthfully, and was guilty
of no contempt in the said recited prem
ises. Wherefore the respondent respectfully
submits that the said rule te show cause
why he should net appear antl answer for
contempt should be discharged.
And for answer te the above rule upon
him te show cause why he should net be
stricken from the list of attorneys for mis
behavior in his office of attorney of this
court, respectfully says :
1. That the said proceedings arc irregu
lar, and said rule was improvidently grant
ed because said rule was net entered upon
a complaint, supported by affidavit.sctting
forth the precise charges against him, but
appears te have been entered by the court
of its own motion, for matters net occur
ring in the presence of the court and of
which the court had no judicial knowl
edge. 2. That the said proceeding is irregular,
because, if the charge against him be that
he published a libelous article in the said
newspaper, of which he is one of the pub
lishers, it amounts te an indictable offense,
net committed by him in the presence of
the court, or while acting as an officer of
the court, and therefore he cannot be
called upon te answer this rule until he
shall have been tried and convicted accord
ing te law of said indictable offense ; and
he respectfully suggests that this "court is
net competent te determine, in this form
of proceeding, that the respondent did un
lawfully and maliciously publish, out of
court, a libel upon the court, and te hear
and determine disputed questions of fact,
involving the motive of the respondent
and the official conduct of the court itself.
3. That if it be intended te charge him
with misbehavior in. his office of attorney,
by reason of the said recited occurrence in
presence of the court, said occurrences did
net take place in any legal proceeding in
said court, and were ceram non judice;
and the respondent is net answerable in
this proceeding by reason of -any said
answers made in said recited proceedings,
or by reason of his declining "te
answer any of said questions propounded
te him by the court ; but he says that,
having been sent for and interrogated as
aforesaid by the court, he answered said
interrogatories respectfully and truthfully,
and was guilty of no misbehavior in his
office of attorney by reason of said recited
premises.
4. The publication referred te was net
made by the respondent within the pres
ence of the court, or while acting as an at
terney and efiiccr of the court, or of, or
concerning any case pending and unde
termined in said court, but was made by
him solely in his capacity as a publisher of
a newspaper, out et court, and while acting
in geed faith, without malice and for the
public geed, of and concerning a case of
great public importance which had been
finally cuded and determined in said court.
and in which the respondent had net, at
any time, been in any way employed or
interested as an attorney, and which did
net in any way involve his professional
fidelity te the court ; and he is therefore
net answerable, as an attorney, for his
said act as a publisher of a newspaper ;
but if he has, in said publication, abused
the freedom of the press guaranteed by
the constitution of the commonwealth, he
is liable te be indicted in the proper forum
and is ready te answer before a jury of his
countrymen, according te the law of the
land, for such abuse of his rights under
the law.
5. That the respondent has net been
guilty of any misbehavior in his office of at
torney. Lancaster County, ss.
Personally appeared before me, the clerk
of said court, Andrew J. Steinman, who,
being duly affirmed, declared that the facts
set forth in the foregoing answer are true.
Mr. Hcnscl's answer was exactly the
same, with the change of name. Rep.
Iu opening his argument Mr. Shapley
said he was bound te presume that the
court believed it had been libeled ; it
would net undertake te held any citizen
responsible for fair criticism of its conduct
or character. Personally Mr. Shapley
thought the publication complained of re
flected rather en attorneys of the court
than the court itself, but he was willing
for all the purposes of the argument te
presume that the court thought itself libel
led or even that it was libeled. He also
assumed that the court would respect its
constitutional oath, and de even justice
regardless of interest or feeling, and if a
calm review of the law showed it te be
wieng rules improvidently granted, would
be promptly discharged. Then dividing the
subject as the rules divided it, Mr. Shap
ley considered, first, the rules for contempt,
then the rules te disbar for what took
place in court and for what occurred out of
court ; and the following extracts from an
elaborate brief printed, aud a copy handed
te the court, will convey an idea of the
line of argument adopted :
Ilrlef of Argument.
First. As te the rule of contempt.
1. There is nothing appearing in the pro
ceedings recited as having taken place in
court which can be tortured into anything
resembling a contempt of court.
The court sent a messenger, asking the
respondents te come into court, and al
though no complaint had been made
against them, no process of the court had
been served upon them, and no judicial
proceeding was pending, they courteously
responded te the message from the court.
and respectfully and truthfully answered
the interrogatories propounded te them by
the court. They were net bound te an
swer the questions thus extra-judicial ly
propounded, and the court had no power
te compel them te de se. But they frankly
and respectfullly answered that they were
editors of the Lancaster Intelligencer,
and, as such, were responsible for the arti
cle which the court complained of. The
court pressed for an answer te the ques
tion, whether they adopted the sentiments
contained in the article, te which they
made answer, that as editors, and editors
only, they were responsible for the article.
The whole proceeding was ceram non
judice.
An attorney has an equal right with
every citizen te entertain and express free
ly, out of court, such sentiments regarding
the conduct of a court iu a case which has
been determined as he may see fit te held
or utter without rendering himself liable te
punishment for contempt. Aud as the
court has no constitutional power te com
pel a citizen or an attorney te avow, or
disclaim, in court, sentiments uttered out
of court, it would he an abuse of the pre
rogatives of a court te call before them
persons against whom no legal complaint
or proceedings are pending and te en
deavor te compel them, in violation of
their constitutional rights, te make admis
sions or furnish information against them
selves, upon which a criminal prosecution
might be founded. As no such power has
ever been claimed by any court in which
the English language is spoken, it is te be
presumed that thce rules have net been
taken, aud that it is net contemplated pun
ishing the respondents for contempt, by
reason of what they said, or what they did
net say, iu the extra-judicial inquiry by
the court.
2. That the respondents cannot be pun
ished for contempt for the publication,
made out of court, of the article complain
ed of is settled hy the act of June 16,
1830.
Secondly. As te the rule te dishar.
1. If the respondents arc net guilty of a
contempt by reason of anything which oc
curred in the extra-judicial proceeding in
court, still less are they guilty of misbe
havior as attorneys. And even if they
could be held guilty of a contempt by rea
son of what occurred in court, such a con
tempt docs net constitute ene of the legal
causes for which an attorney can be legal
ly disbarred.
2. If their alleged misbehavior, as attor
neys, is charged te have censistetl in their
publishing the article complained of, as it
was published out of court and the court
could have no judicial knowledge of the
fact, this proceeding is irregular, because
the rule was net founded upon a com
plaint containing the precise charges
against them and supported by affidavit,
and the rules should therefore be dis
charged. An attorney's office is his property, of
which he can be deprived only for legal
causes and according te the wull-cstab-lishcd
rules of law.
Chief Justice Taney, in delivering the
opinion of the supreme court of the United
States, in ex parte becembc, IU Heward i),
used this language : "It rests exclusively
with the court te determine who is quali
fied te become one of its officers, as an at
torney and counseller at law, and for what
cause he ought te be removed. That power,
heiccccr, is net an arbitrary and despotic one,
te be exercised at the pleasure of the court,
or from passion, prejudice, or personal hos
tility ; but it is the duty of the court te
exercise and regulate it by sound and just
judicial discretion, whereby the rights and
independence of the bar may be scrupu
lously guarded and maintained by the
court, as well as the rights and dignity of
the court itself."
In delivering the opinion of the court iu
1835, Chief Justice Gibsen, without refer
ring te any authorities, advanced the doc
trine, which seems te have never before
been ruled in any court in England or
America, that a lawyer, who would beat or
insult a judge in the street for a judgment
in court, or who would attempt te overawe
the bench by menace, challenge, or that
powerful engine, the press, would be
guilty net of a contempt, but of such a
violation of professional fidelity as would
justify his dismissal from the bar.
It is necessary te examine his opinion
carefully, se as net te f)ill into the error of
supposing that that great judge meant te
limit the rights of either the bar or the
press te scrutinize the conduct of judges, or
te say that a lawyer may be punished pro
fessionally for what he did as a citizen, or
that an editor, who happens te be a lawyer,
may be proceeded against aud punished in
any ether way, than one can be who is net
a Lawyer. Can his language possibly be
misunderstood ? He says :
" But the end te be attained by removal,
is net punishment, but protection. As
punishment it would be unreasonably
severe, for these causes in which the end
is reclamation and net destruction and for
which reprimand, suspension, fine or im
prisenment seem te be the mere adequate
instruments of correction ; for expulsion
from the bar blasts all prospects of pros
perity te come, and mars the fruit expect
ed from the training of a lifetime. -
And Mr. Justice Field, iu Bradley vs.
Fisher, 13 Wallace, 335 said: "This
IKiwer of removal from the bar is possessed
by all courts which have authority te ad
mit attorneys te practice. It is a power
which should only be exercised for the
most weighty reasons, such as would
render the continuance of the attorney in
practice incompatible with a proper re
spect of the court for itself, or a proper
regard for the integrity of tlic profession.
Admisssien as an
attorney is net obtained without years of
labor and study. Te most persons who
enter the profession, it is the means of
support te themselves and their families.
Te deprive one of an office of this charac
ter would often be te decree poverty te
himself and destitution te his family. A
removal from the bar should, therefore,
never be decreed where any punishment
less severe, such as reprimand, temporary
suspension, of fine, would accomplish the
end desired."
The supreme court of California, in a
very carefully considered case, te which
I shall have occasion again te refer, the
case of Mulford et. al., 1 Cal. 143, said :
"An attorney, by his admission as such,
acquires rights eT which he cannot be de
prived, at the discretion of the court, any
mere than a physician of the practice of
his profession, a mechanic of the exercise
of his trade, or a merchant of the pursuit
of his commercial avocation. It is true,
that, being officers of the court, attorneys
are in many respects subject te their orders,
but these orders must be the result of some
sound and legal, and net of arbitrary and
uncontrolled discretion."
As the respondents are charged with
having committed an act ameuuting te au
indictable offense the publication of a
libel upon the court but net committed
in the presence of the court or while act
ing in the capacity of attorneys, this pro
ceeding will net lie, even if the alleged
offense constitutes one of the causes for
which an attorney can be disbarred, until
after their trial and conviction by a jury.
According te all the English and Ameri
can cases, a rule will net be entered
against an attorney who is charged with
the commission of an infamous crime, net
committed in the presence of the court, or
in his office of attorney, until he has been
convicted of such offense according te law.
But, assuming, for the sake of the argu
ment, that these objections te the regular
ity of this proceeding arc net well found
ed, and that the publication complained
of is, in fact, a libel en the court, this is net
one of the causes for which an attorney can
be legally disbarred.
The publication was made by the re
spondents as , the publishers of a news
paper out of court and concerning a case
with which they had no professional con
nection, and was in no sense their act as
attorneys of this court.
In England there seem te be but two
causes recognized as sufficient te warrant
striking an attorney off the rolls actual
malpractice, attended with fraud or cor
ruption, and conviction of an infameu
crime.
But the manifest tendency of all receu
legislation in this country, and, in fact, e
all recent decisions, is te curb aud restrict
the power of courts iu these Mtminary
proceeding, te punish for centempts and te
tlisbar attorneys.
In a number of the states of the Union,
statutes have been enacted requiring all
charges of misconduct against attorneys
te be tried by jury, en regular and formal
complaints preferred. Such is new the
law in Arkansas, in Alabama, in North
Carolina, in Indiana, in Missouri, and, 1
believe, in ether states. Iu Illinois the
supreme court alone has power te dismiss
attorneys from office, the di.strict courts
only having the power te susiiend tempo
rarily. In Kansas, when charges are pre
ferred against a lawyer, he is entitled, en
alleging that the regular judge is preju
diced against him, te a change of cenue,
or te have a judge appointed pre tern..
from the members of the bar, te try his
case.
Frem this examiuaiten of the English
and American authorities it may he ac
cepted as settled law that a court has no
right te expel one of its attorneys unless it
is conclusively shown that he has cither :
l.st. Committed some act of malpractice
in his professional capacity which involves
the violation of his professional oath : or
2d. Been convicted of some infamous
crime ; or
3d. Any general bad conduct, or some
grossly dishonest acts se impaired his
character for integrity as te render him
unworthy of public confidence, unsafe te
be entrusted with the powers of his profes
sion, and unfit te be continued a member
of it.
Dees the alleged act of thcM! respon
dents, under the most unfavorable con
struction which can be put upon it, full
under any one of these legal cause.-, for
dismissal from their office?
Certainly they have net been convicted
of any crime.
Certainly it will net be contended that
their alleged offence can lie brought under
the third head, while their guilt or inno
cence of the charge of libel is legally un
determined, even if it cunld come muler
that class at any time.
Te held that a court, whose cenduet has
been scrutinized by an attorney, may set
aside a jury and determine for iUell"
whether the scrutiny into its conduct is
fair, or expose tha author te "legal ani
madversion. " is te held a doctrine se
dangerous that it would net be recognized
as law by the supreme court, or be long
tolerated by an enlightened public opinion.
If, therefore, that court, in the Austin
case held, that a lawyer might be held piofes piefes piofes
sienally answerable for any libel en the
court, it meant he was answerable only
after conviction by a jury. If that is the
law, it is net applicable te the present
case.
But what Chief Justice Gibsen evidently
meant, was that a court may summarily
remove one of its attorneys who, being
professionally concerned in a case, en
deavors te control judicial action in it, by
menace, or challenge, or violence ; or who,
for a similar purpose, endeavors te over
awe the court, or impair its influence,
by exciting popular prejudice, through the
means of attacks in the public press.
But there must be a professional con
nection of the attorney with the case in
which he seeks te control judicial action
or excite popular prejudice.
Docs this language admit of any ether
construction ?
"Therefore," he says, " the metice
should be clearly shown te be the acquirement
of an influence ever the judge in the exer
cise of his judicial functions, by the in.itru
mentality of popular prejudice."
And again he says, " it is the prostitu
tion of it (the right of an attorney te
scrutinize the conduct of a judge) te im
pure purposes, that can bring him into
collision with his professional fidelity."
In McLaughlin's case 5 W. & S. 272,
the court said, "In Austin ami ethers
(5 Rawlc 191) it is held that it is a breach
of professional fidelity te attack the pro
ceedings of the court, for impure and im
proper purposes,threuh the medium of the
public press."
Hew could the impure motive and im
proper purpose which would bring an at
torney into collision with his professional
fidelity exist, if he had no professional
connection with or interest in the case
commented en or criticized '.
The impure motive must be the motive
of the lawyer, net of the citizen, te make
the lawyer answerable as such.
There must be a professional motive, te
make the act a breach of professional fidel
ity. The act must, in some sense, be the
act of a lawyer, as such, and net his act as
an ordinary citizen. Hew can there be the
professional motive, or professional action,
without the professional employment '.'
Mark ! it is net put en the ground of pro
fessional unfitness, but of professional in
fidelity. And there can be no professional infidel
ity where there is neither professional mo
tive nor professional action.
The distinction between what is and
what is net te be considered as the profes
sional act of attorney has been recognized
in almost every reported ca-e. before, or
since, the Austin case.
While Mr. Shapley was arguing in re
gard te the alleged contempt out of court,
and the unusual method of instituting the
proceedings, Judge Patterson said he had
sent for the respondents because of the
previous kindly social relations existing
between him and them and te give them
an opportunity te explain or disavow any
intention te rellect upon the integrity of
the court.
Mr. Shapley said he was glad le hear
that his presumptions were correct, and
that the court would net uudcrtake te set
a trap te get an attorney te repeat in court
what could net be punished as a contempt
if committed out of court. And therefore
since it appeared no contempt was commit-
j, Tv...-"-1-.,