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Volume XVI-Ne. 275.
LANCASTER, PA., WEDNESDAY, JULY 21, 1880
Price Tire Gmtr.
OBY uoevn.
WHO IS UNDER?
We de net want you te get the impression that great reduc
tions are being made in the prices of goods elsewhere and net here.
We are, as usual, below the market, and intend te stay there.
The following list embraces enough of our stock te give some
clue te the rest of them. We quote articles new in great favor as
low-priced goods ; but in general they are net reduced. We have
been there all the time.
JOHN WANAMAKER.
Lancaster f ntellfgencer.
WEDNESDAY EVENING, JULY 21, 1880.
BENCH, BAR AND PRESS.
THE STEIN' SI AK-HENSKL, DISBARMENT.
Areutnent or A. K. McCIare en the Power
of Courts te Disbar by Summary Pro
ceedings An Interesting Re
view of tbe Courts and
Law or Pennsylvania.
SILKS.
SUMMEU SILKS.
Stricii, modest, medium und bold $0 43
.THxpc checks and stripes SO
Chucks en solid ground 85
Chcne stripes, shaded G5
"Millc Rave," extra quality "5
Best imported, 90 inches, great variety. ... 1 00
BLACK SILKS.
(ms-gruin persan and taffetas $0 73
Fine or heavy cord gres-gratn and persan. SO
Six makes, foreign and American, jel or
ru ven black, heavy anil light 1 00
Caclii-mire finish. 24 Inches, Itellen, Alex
andre and American 1 S3
Caclicmirc finish, "super" quality, 34
Indie, foreign r,
Kid finish, high lustre,cachemlre,2l inches 1 73
ltennel,il inches 2 00
COLORED SILKS.
!erd quality, all colors $0 75
I . ens. extra lustre, heavy cord. 20 Inches. 1 W
B-,t, ter walking suits, 22 Inches 1 23
Uich and elegaut finish, 22 inches 1 30
FOULARDS.
Showy... ......-........ .e
Brilliant and rich 73
I1ROCADES.
Itluck, polka dots, etc $0 90
Colored.. .......... ........ 1 w
Colored, new designs 1 23
N evcltle........ ......... .- 1 jO
GAUZE AND GRENADINE STRIPES.
A large quantity Just bought te clear an im
porter's stock, recently sold by us at $i00, we
art new welling at $1 00
SILKS are In next outer circle east from the
Chestnut street entrance.
BLACK GOODS.
GRENADINES.
Mexican, silk and wool 50, 63, 75,83
Silk and wool striped. ...75, $1, $1 25, $1 50, $1 75
Lyens lamusscs C5. 75, 85, $1 "0
Pans, silk and wool $1,$I 25, $1 50
Lyens, all silk dmuasscs $1 3.U 50, $1 75,
$2, $2 40, $3.
PLAIN HUNTINGS.
American, ?, $0 20, .23 .31 .37.
American, -, $0 50, .S .75.
French. 2t Inches. SO 31 .37.
French, 36 inches, $0 44 .50 .(& .75.
French, 46 inches, $0 83, $1, $1 10.
LACE BUNTINGS.
We have nearly everything te be found in the
markets el the world.
1 inches, $0 37 .50 .CO.
4f inches, $1. $125.
Lupin's Paris, original color, and we believe
almost the last in Philadelphia: r
24 inches f 8.
46 inches 1 1"
NUN'S VEILING (for dresses).
13 inches 75, $1 JJO
l4.. .............--. " ", 9L id
BLACK UOODS arc In the next outer circle
west irem the Chestnut street entrance.
DRESS GOODS.
COTTON.
Seersuckers, blue, brown and
gray
...... $0 12K
13
12K
lig
strines. best tiattcrns..
Seersuckers, fiuicv colored strines
SwMiicki'rs Yerk- full assortment Of
stripes and colors 18
Zephyr Ginghams, choice, net te be
found elsewhere at any price 125
Zephyr Ginghams, plaid and stripes 20
Zephyr Ginghams, bandana... 18
Dress Ginghams U
Handkerchief Ginghams and plain col
ors te match 23
Dress Cheviots 15
Tainise cloth, ecru, cashmere border..... 12
Chintz, polka dot. Indigo, for suits 10
Cocheco Cambrics, choice 10
Pacific Cretonnes, great variety.. .$0 10, 12, 15
Jacenet Lawns, Frere Kerchlin 20
Pacific Lawns, great variety $0 10, 12. 15
Cambric striped lawns "5
Jacenet lawns, fast colors 0a
Lace lawns, white, tinted ana senu cei
ered grounds
Memle cloths, printed
COTTON AND WOOL.
Lace Buntings, all colors and black $0 25
Debeiges, twilled 1J
Mehairs, plain 25
Mehairs, twilled 12
Mehairs, silk-checked 25
Mehairs, silk-striped 25
Mehairs, plaid 25
Mehairs, English 12
Mehairs. English, clouded 18
Mohair lustres 12
Cashmeres coachmen's colors 15
Suitings, English, fancy 20
ALL WOOL.
Tjui Ituntimrs. colors and black. .37'
Plain buntings of a new style, distinct
from tne old ami aeciucuiy ueiusr wuii
any ether, all colors.
24 Inches , 23
:U inches, double told. 40. 50. 00.
Debeiges, French, cashmere-twilled, 22
1 11011114 ." "
Debeiges, French, taffeta :
22 Inches... ....... ............... t-i
32 inches, double fold 35
42 inches, double fold 45,60
Ciiulimeres French :
32 inches.... ........... ......... .......
:! inches 56
Sheda cloth, French, 46 inches 75
Mende cloth, French $1 60
Crape cloth, French 1 60
LINENS.
SIX SPECIMEN PRICES.
These are fair samples or Ihc bargains we
have been giving for weeks in Linens :
lluck Tewel, large and heavy $0 25
Huck Tewel, German, knotted fringe... 25
Glass Toweling, per yard 12
German bleached Table Linen 73
German Napkins, per dozen 2 25
Star Linen, 20 Inches, per yard 12
..
jtinct
6$
75
But one thine we ought te remind you of : We may appear te be at
a disadvantage when we are net, because of certain tactics sometimes
employed, which we de net care te use, viz., the pretending te make re
ductions when none are made. "We use reductions te clear stocks. That
is perfectly honorable, and it is necessary in a large business. The losses
thereby incurred, though sometimes considerable, are trifling in compari
son with the benefit te remaining stocks.
New then, anyone who will take measures te find out where the
lowest prices are, compare sample with sample, price with price, will find
we are net a whit behind ANYBODY, net even in a single item, se far as
we knew; and that we are below EVERYBODY en almost everything.
Samples sent -when written for.
JOHN WANAMAKER
UicstnHt, TliIrteeBtfc, Market and Juniper, Philadelphia.
fje7-eedtf
MW&F
NEW EMBROIDERIES.
Watt, Shand & Company
HAVE OPENED A CHOICE LINE OF
Mm. Ms anil terfe at Very Lew Prices.
Just Opened another Invoice of VICTORIA LAWNS, INDIA LINENS, WHITE PIQUES,
,tc, at Bettem Prices.
NEW YORK STORE,
8 AND 10 EAST KING STREET.
X. it. During July and August will close at 7:30 p. in., Saturdays exceptcd.
SALE OF
DAMAGED GOODS.
It ACER BROTHER will continue the sale of Goods damaged only by .water during.
Iho recent lire en their premises.
WALL PAPER CARPETS,
Mattings and Oft Cleths, Muslins and Sheetings,
Linens and Quilts, Woeiens for Men's Wear,
and Ready-Made Clothing, &c.,
All of the above liave been marked at a very low price, as we are determined te close
Ut UTleHda teii ok daily from 6 a. in. until 7 p.m. Saturday evenings until 9 o'clock in
8t0rel8erewa9 no damage"! osteck in main store room business there gees en as usual.
H AGER & BROTHER,
NO. 25 WEST KING STREET;
Conclusion.
Hew la the Law te be Interpreted?
The judicial follies of Judge Baird led te
the passage of the act of lGth June, 1830,
which is simply a liberalized revision of
the act of 1809. The fourth section of that
act is the distinct chart te guide this
learned court in reaching its judgment. It
is as fellows :
" Ne publication out of court respecting
the conduct of the judges, officers of the
court, jurors, witnesses, parties, or any of
them, of, in or concerning auy cause de
pending in such court, shall be construed
into a contempt of the said court se as te
render the author, printer, publisher, or
either of them, liable te .attachment and
summary punishment for the same."
What the legislative authority intended
te accomplish by this act may be very
clearly understood by recurring te the
circumstances which called for its enact
ment. It was just after Judge Baird hail
dismissed his bar and the supreme court
had gived the Austin decision. The Baird
correspondence with his bar had been pub
lished in the local newspapers, and he at
first sought te make that publication a
contempt of court. The act was evidently
intended te prevent the future Judge Pat
terson from repeating Judge Baird's vin-
Idictive blunders; and notwithstanding
the distinction se feebly drawn by Judge
Patterson between a contempt of court
and misbehavior in office, it is manifest
that the act of 1830 broadly forbids the
arbitrary and violent judgment given by
the court below in this case. Even if the
fourth section applies only te cases of con
tempt, the fifth section plainly indicates
hew alleged misbehavior in office en the
part of attorneys, in a case like this, is te
be ascertained. It is as fellows :
"If any such publication shall improper
ly tend te bias the mind of the public or of
the court, the officers, jurors, witnesses,
or any of them, en a question depending
before the court, it shall be lawful for auy
person who shall feel himself aggrieved
therehv te nrececd airainst the author,
printer and publisher thereof, or either of
them, by indictment, or no may urma in
action at law against them, or either of
them, aud recover such damages as a jury
may think fit te award."
in tins case it is ceniesseu tuut tut-ic
was no contempt committed, either in or
out of court, aud the disbarred attorneys
were in no way professionally connected
with the suit discussed in the article com
plained of. The fourth section of the act
distinctly acquits them for the publication
and the fifth section does net reach this
case, because it relates exclusively te crit
icisms upon cases pending at the time of
publication ; but it very clearly teaches
that if anv wreutr should be committed by
niil.lir- criticism of final judgments of
the courts, there must be an ascertainment
of guilt by the ordinary process of
law. In this case there can be
no legal proceedings te vindicate
the accused court except by the ordinary
criminal or civil suits for libel. If the
publication is untrue it is clearly libeleus,
and a conviction would warrant the dis
missal of the plaintiffs in error for misbe
havior in office ; but there is net a single
decision in England or America that war
rants the action of Judge Patterson. I
challenge the opposing counsel te name
one case in any civilized country, where an
editor and member of. the bar has been
summarily dismissed for public criticism,
out of court, of a case that was finally dis
posed of and with which he was net pro
fessionally connected. The Austin case
(5th R. 191) does net in any degree sus
tain the action of Judge Patterson. The
fact that Chief Justice Gibsen delivered an
elaborate opinion in that case without
quoting or referring te a single decisen of
any court, was the plain recognition of the
departure of our law from the common law
power te punish for contempt, and the
vital part of the Austin decision, applica
ble te this case, is in the single sentence
declaring that ' the conduct of a judge,
like that of every ether functionary, is a
legitimate subject of scrutiny, and when
the public geed is the aim, such scrutiny is
as open te any attorney of his court
as te any ether citizen. " In the McLaugh
lin case(5th W.and S., 272)the merits of the
issue could net be reached by the learned
court, as it was net empowered te review
it : but McLauchlin was first disbarred by
Judge Barten in the criminal court, for
open disobedience ana contempt in pre;s
ence of the court, and he was subsequent
ly disbarred by the district court for a
publication respecting a case in which he
accused Judge Stroud of falsehood and
malicious partiality in defeating his suit.
But the accused judge did net summon his
accuser, sit in judgment upon him and ex
ecute the vengeance of the law as Judge
Patterson did. The ether members of the
court proceeded in the matter, heard the
case and decided it. In the case of Dick
ens (17th Smith, 175), which was reviewed
by this learned court under a special act
of the Legislature, Chief Justice Agnew
pointedly draws the line between discred
itable and infamous acts of attorneys
when it is proper te disbar them
for misbehavior in office. In that
case, the bar had initiated the pro
ceedings, the facts were judicially inquired
into, and the judgment dismissing Dickens
was sustained because it had been proved
that he degraded his office by making an
opposing attorney drunk te take an undue
advantage of him in a trial ; but te admit
the power te disbar for anything but
proven infamous acts "would be toex teex toex
nesA the members of the bar te the whims,
caprice, peculiar views aud prejudices
of judges.'' In the Newton case (1st
Grant. 453 the distinction between the
act of an attorney and a witness out of
r-nnrt is drawn se that none can misunder
stand the distinction between the act of
the attorney and of the editor out of
court. Judge "Wilmet disbarred Newton
for contempt in refusing te appear before
an examiner, and this learned eaurt re
verse tbe court below because Newton
was net acting as an attorney and officer
of the court when he refused te respect
the subpoena te appear before an examiner.
If a member of the bar, summoned as a
witness, refusing te obey the process of
the court, offends only as a witness and
net as an attorney, hew can an attorney
offend as an attorney when he writes as an
editor abent a case that is decided and
with which he had no professional con
nection? In the Hirst and Inger
sell case (9 Philada. B., 21G), Judge
Hare held that where the offence is com
mitted out of court, and where
the guilt of the accused depends upon cir
cumstantial evidence or is an infer
ence from facts which de net occur in
tbe presence of the court and are denied
by him, he should net be convicted of a
contempt unless there is no ether way of
attaining the ends of justice. The court
sent a certified copy of the evidenee te the
district attorney. In the Greevy case be
fore Judge Hall, of Bedford, members of
the bar petitioned for the rule en the
ground that Greevy was a witness if net
an attorney in the suit, and was publishing
reports in a public journal from day today
while the trial was progressing severely
assailing the court and circulating the
papers among the bar, witnesss and jurors.
It was a case in which there might have
been just fine for contempt, but the effort
was te disbar Greevy, and there was a close
race between human nature and the judge,
but the judge came out a scant nose
ahead. The judge held that he had the
right te disbar Greevy ; that it ought te be
done ; but that he would forbear. Judge
Walker, of Schuylkill, once made a small
experiment in Judge Patterson's law with
Mr. Farquliar, who had published that the
judge sentenced an Irishman te two
months' imprisonment for stealing live hun
dred dollars and sentenced a negre te four
months' imprisonment for stealing a pair of
old shoes. Judge Walker like Judge Patter
son issued his rule en his own motien.but in
that.case, as in this case, the respondent ap
peared and answered that he was prepared
te vindicate the publication, and Judges
Pershing and Green first required a formal
petition and then, after hearing, refused
te take any action in the case. The North
Carolina cases referred te by the opposing
counsel simply disprove his own position
and positively acquit the respondents in
this case. In both of them Chief Justice
Pearson reversed the judgment disbarring
the attorneys because the respondents
had, in their answers, disclaimed any in
tention te commit contempt and declared
that what they did was without malice and
for the public geed. Having thus an
swered under oath, the court below was
enforced the law as Judge Patterson does.
Many of the criticisms upon the judgment
in the conscription case, made in public
speech and public journals by the hundreds
of sworn officers of this court, make the
criticism of the plaintiffs in error in this
case tame and dignified by comparison.
This highest judicial tribunal of the com
monwealth was accused in public by hun
dreds of its own officials, with deliberately
subordinating law, justice and patriotism
te partisan prejudice ; but who of your pre
decessors thought of sending messengers
after lawyer orators and lawyer editors te
bring them in this presence for disbarment
without trial, because they impaired pub
lic confidence in the integrity of the court?
Did net every judge.at that time en the
bench meet and pointedly decide the issue
in this case by their high judicial examples.
Four chiefs of this learned court have been
candidates for re-election when presiding
ever its deliberations. Gibsen, Black,
Lewery and Agnew all passed through
the ordeal of political campaigns
when occupying the first chair of this
tribunal, and all of them were met with
much mere violent denunciations from
lawyers aud editors who were members of
this bar, than the publication complained
of by Judge Patterson. I have already re
ferred te the assaults made upon Chief
Justice Gibsen, and hew narrowly he es
caped overthrew because of them, and it is
within the memory of all of yeHr honors
hew fiercely the waves of partisan defama
tion surged against Chief Justices Lewery
and Agnew when they were before the
people for re-election. Chief Justice Low Lew
ery was silent and fell beneath the popu
lar blew that effaced his conscription de
cision from our laws, but Chief Justice
Agnew met blew with blew and fell fight
ing with the weapons of the partisan.
Justices Coulter, Chambers, Perter and
Sterrett have also been candidates for
election when sitting as justices of this
court, and new Justice Green is running
bound te accept their answers as conclusive I the gauntlet of a popular campaign
of their inneceuce. in almost the precise
terms of the answers in the North Caro
lina cases, the respondents in this case an
swered that the publication complained of
was written and published " while acting in
geed faith, without malice and for the
public geed."
Mr. Reynolds The North Carolina
members were reinstated by apoleizing te
the court, as they should have done.
Mr. McCIuie Ne, sir; they did net.
They came into court, admitted the publi
cation, and steed upon their answer that
they had intended no contempt of court
and meant their acts for the public geed,
and Chief Justice Pearson held that by
their sworn answer they had tried them
selves and must be held as acquitted And
I submit te this learned court that the pub
lication in this case was se made, and that
the court below, in the judgment deliver
ed, docs net allege that the publication
was false in fact. That publication stands
before this learned court absolutely unas
sailed by the record. If untrue, it is an
atrocious libel, and a graver libel because
it assails the integrity of a court charged
with the administration of justice. We
challenged the court below te a judicial
inquiry into the truth of the article, and
we here challenge the friends of the court
and all ethers te an exhaustive investiga
tien of the facts. We hive net
attempted te impair public confi
dence in the integrity of the court,
but we have charged it with a positive
and deliberate prostitution of justice, and
stand here and elsewhere upon the truth
of the grave accusation. And when an ac
cused court fears te meet its accusers and
sits in judgment upon these who arraign it
for abuse of its authority, shall this learn
ed tribunal shield a judicial wrong-deer en
the pretext of preserving public trust in
the judiciary ? Let me remind your hon
ors that the only way te preserve respect
for our courts is te make infamous all
judges who dare net meet the truth and
who prostitute the law te punish their ac
cusers for their own crimes. The learned
counsel en the ether side, or any citizen of
Lancaster county, can complain against
the plaintiffs in error for libel, and why
has it net been done ? It has been public
ly and repeatedly invited by the disbarred
attorneys, alike in their answer te the rule
below, by the argument of their counsel
before the offended judge,and through the
columns of their widely circulated news
paper. If the publication is false, it is
such a libel as weuid warrant dismissal
from the bar for misbehavior in office ;
but we say here, as we have said
elsewhere en every proper occasion, that
the publication is a truthful one, and that
it is net denied even in the opinion of the
court below. We are ready te answer for
the truth of the publication ; but we can
not indict ourselves, nor can we take any
legal measures that will afford us an op
portunity te prove the truth of the charge.
Can this learned court for a moment en
tertain the belief that such a judgment
should stand? that a guilty judge shall
shield himself by becoming prosecutor,
judge, jury and executioner ibr these who
dare te question his prostitution of the
channels of justice ?
Hew Have Judges Interpreted the Law 1
I have shown hew the decisions of this
learned court fail, in every instance, te
furnish the semblance of warrant for
Judge Patterson's dismissal of the plain
tiffs in error from the bar, and new let us
iollew the issue te the interpretation of
the law as given by most of your honors,
by many of your predecessors and by
ether distinguished jurists. If I shall
apply the facts with severe directness,
it will be because the occasion calls ler it.
Nearly every member of this learned
court, and nearly every judge of the state
and nation, has met this issue in his own
judicial history and decided it for himself.
Yeu have all read the memorable speech
of Abraham Lincoln, delivered at Spring
field in 1858, reviewing the Dred Scott
ease. It was a deliberate and terrible ar
raignment of the first judicial tribunal of
the land by one of its own sworn officers,
and it became the text for his party
leaders of national fame, most
of whom were officers of the same court.
If Judge Patterson's law had been accept
ed by Chief Justice Taney, he would
have sent a messenger te Mr. Lincoln,
summoned him te the judicial presence,
and disbarred him for impairing public
confidence in the integrity of the court. If
it was the right of the supreme court te
de se. it was his duty, for that deliverance
of Mr. Lincoln net only brought the sol
emn decision of the court into disrespect,
but was the signal for a revolutionary re
versal of its judgment. Patterson, the
judicial pigmy, se construed his right and
duty; Taney, the judicial giant, knew
better. Of the members of this learned
court net one new remains of these who
participated in the conscription decisions
of 1863; but all must remember the mere
than freedom with which these decisions
were criticized. Indeed, I think it my
duty respectfully te suggest that themem-
Ders Ol wis learneu court, tiuu were uut
then en the bench, take with them into
consultation en this case the-r own criti
cisms upon the hustings and through the
public journals of the preliminary judg
ment given in Knecdler vs. Lane. All were
emcers et wis court, ana unless
Seme of them have been fiercely assailed
in the heat of partisan bitterness by mem
bers of this bar. Of theso who are or have
been members of, or candidates for, this
tribunal. Messrs. Lewis, Black, Jessup,
Sharswood, Ludlow, Williams, Paxson,
Truukey, Ress, and probably ethers, were
judges of lower courts, as Judge Patterson
new is. when they passed through contests
for judicial promotion.
What one of these judges can point te
the record of his campaign and say that he
was net assailed by officers of his own
court as violently, or mere violently than
the assault upon Judge Patterson com
plained of in this case ? It was done often
without the semblance of justice, therein
differing from the case we are new consid
ering; but who of all the leading judicial
lights I have named ever thought of pos
sessing the authority or exercising the ar
bitrary power claimed by Judge Patterson?
Every judge I have named, including a
majority of your honors, and many of the
most respected judges of the past and
present, has, m his own case, squarely met
this issue aud given example te such as
Judge Patterson se plainly that he who
runs may read. In 1863 the second mem
ber of this tribunal, and certainly one of
the first in legal learning, was a candidate
for governor. It was in the very flood
tide of the terrible party passions which
were intensified by civil war. Hew
defamation came upon him from the
officers of his own court, through
public speech and public press, must be
remembered by your honors. I have dis
tinct recollections of speeches in that con
test from the learned justices I new ad
dress, who were then members of this bar,
and it will hardly be denied that they were
calculated te impair public confidence in
the integrity of the court. Remember that
if Judge Patterson's interpretation of the
law is correct, an assault upon a member
of the court is an assault upon the court.
It was se assumed in the McLaughlin case,
and the assumption was net questioned
when the issue was brought before this
tribunal. But Judge Woodward was a
great judge of the law and net the petty
plaything of passion and caprice en the
bench, and he never dreamed of defaming
the law and prostituting the power of the
courts te mean resentments. If Patterson
is right, Woodward could and should have
done se ; but he and all of his fellow mem
bers of this court decided otherwise. The
learned justice from Bradford will readily
recall a memorable illustration of the issue
in this case in 1858, as he was an interested
actor in the struggle. It was my un
pleasant duty, as a member of the ju
diciary committee of the Heuse, te near
many of Justice Mercur's fellow members
of the Bradford and Susquehanna bars
assail the judicial integrity of Judge Wil Wil
eot in terms of almost unexampled vio
lence, while he and ethers -were eloquent
in the defense of their court. If Judge
Patterson's judgment is law, why did the
learned justice from Bradford and his asso
ciates come te the Legislature ? Why did
net Judge Wilmet summon his accusers
before him, sit in judgment upon them,
and smite them te the dust with his om
nipotent judicial arm ? And why did Con Cen
rad and Barten fall instead of judging and
slaying their accusers ? And why did Nill
and Irwin bow te their assailants instead
of striking them from the bar for impair
ing public confidence in the integrity of
the court? And why did Judge Stanten
seek safety from his bar by resignation, in
stead of stripping 1 him of office and thus
dismissing accusations and accusers? And
why did judge Harding demand a vindi
cation from the Legislature, before which
he was formally assailed by an officer of
his court, instead of striking a character
less defamer from a profession he dis
graced? Thus from the highest te the
lowest of our judicial tribunals, I gather
an unbroken line of direct interpretation
of the law of this case, and as with one
voice they condemn the judgment of Judge
f attersen ana leruia us approval uy uus
learned court.
Could Such a Judgment Stand?
Nene can uispute that it is tbe duty of
the learned court te interpret the law as it
and net te make it as it should be. it
the world. And when Judge Peck per
petrated the same judicial wrong, in mod
ified degree, that Judge Patterson has
perpetrated in this case, mark hew the
sovereign power recalled him te his just
allegiance te individual rights. He was
impeached by the Heuse, escaped convic
tion by a nearly equally divided Senate,
and Congress followed with the act of
March 2. 1831, repealing the extended
powers of the federal courts given by the
act of September 24. 1789. The act that
immediately followed the Peck impeach
ment is an instructive lessen in this case,
and is as fellows :
"The said United States courts shall
have power te impose and administer all
necessary oaths and te punish by line or
imprisonment, at the discretion of. the
court, centempts of their authority : Pro Pre
tided, that such power te punish centempts
shall net be construed te extend te any
cases except the misbehavior of any person
in their presence, or se near thereto as te
obstruct the administration of justice, the
misbehavior of any of the officers of said
courts in their official transactions, and the
disebedience or resistance by any such
officer, or by any party, juror, witness or
ether person, te any lawful writ, process,
order, rule, decree or command of the said
courts."
Thus did the sovereign authority of the
nation reverse the judgments of Chief
Justice Taney and Judge Peck, and the
reversals came from a tribunal that knows
no appellate court.
But I beg te call the attention of this
learned court te the distinct action of the
sovereign power of our state, that has been
compelled time and again te reverse the
judgment of its highest judicial tribunal.
The impeachment of Chief Justice Shippcn
and Justices Yeates and Smith in 1805, for
a less flagrant exercise of despotic judicial
power than that exercised by Judge Pat
terson in this case, is an impressive lessen
en the issue new te be decided, and the
act of 1809, which is substantially the act
of 1836. was the emphatic instruction te
the judiciary te give sacred respect te the
individual liberty of the citizen. By a
mere than three-fourths vote for impeach
ment in the Heuse ; by a vote of thirteen
in favor of conviction te eleven against it
in the Senate, and by the act of 1809, the
supreme authority of the commonwealth
reversed the judgment of its court of hist
resort and forbade it te exercise the des
petic power presented in this case. In
1835 the supreme authority was again
summoned te restrain judicial power,
when Judge Baird dismissed his bar. The
act of that year directed this tribunal te
review the decision of the court below;
and although Chief Justice Gibsen's ad
mirable opinion in the Austin case re
versed Judge Baird and restored the
disbarred attorneys te their offices,
the act of 1836, which I have already
quoted, followed te mark the path for the
judiciary se plainly that none could mis
take it. Forty-five years elapsed before
a judge attempted te repeat the judicial
despotism of Judge Baird. All under
stood the law as the supreme authority of
the commonwealth defined it in 1836, until
Judge Patterson assumed te be wiser than
the law and summoned discarded judicial
authority te gratify individual resentment
for accusers whose challenge te trial he
could net accept. In 1863 this learned
court delivered a preliminary judgment
against the constitutionality of the
national conscription act. Twe of the
five members of the tribunal were candi
dates before the people of the state Chief
Justice Lewery for re-election and Justice
Woodward for governor. The appeal was
carried from this supreme judicial author
ity te the sovereign power of the common
wealth that makes laws and its adminis
trators. The people rejected Chief Justice
Lewerv and called the late Chief Justice
Agnew, te his place ; Justice Woodward
was denied executive honors by the same
omnipotent will, and the final judgement
of this learned court iu Kneedlcr vs. Lane,
reversed the preliminary judgment and
affirmed the constitutionality of the
national conscription law. It was the in
exorable mandate of the supreme power
correcting its own court of last resort,
and since then none have questioned that
deliverance.
It your honors would learn hew sensi
tive the sovereign power of the state has
ever been about the encroachments of
judges upon individual rights, let them
note the promptness with which it has
met every case of summary dismissal from
the bar. Fer a less exercise of extreme
judicial power the supreme court was im
peached in leiw and tne act ei ieuv ioi iei ioi
lewed. The Austin case caused the spec
ial act of 1835 and the general act of 1836 ;
the Dickens case, although decided en the
sound principle of judicial inquiry into
guilt and just punishment thsrefer, caused
the special act of 1870, and the Wright
and Greevy cases caused the general act
of 1879, requiring this tribunal te review
all cases of dismissal from the bar; and
the sacred regard of the supreme author
ity for individual rights is expressed
in the command te your honors te
give such cases precedence ever all
ethers after capital cases. Step by step as
even the appearance of judicial vio
lence has been presented, the legislative
power has reversed or restrained the courts
or has commanded our highest judges te
review the judgments of the courts below.
And what is true of Pennsylvania is also
true of most of our sister states. Judge
Pattersons have been known in Arkansas,
Alabama, Illinois, Indiana, Missouri,
North Carolina, Kansas and ether states,
and their prostitution of extreme judicial
authority has resulted in the absolute
denial te the lower courts of the power
te disbar, except after trial and conviction
by jury for misbehavior in office; and I
hazard little in assuming that if the
judgment of Judge Patterson shall be here
affirmed as the law of the state, no local
court of Pennsylvania will ever disbar an
other attorney by summary proceeding. I
believe that our courts need all the legal
newers thev new possess te maintain their
own dignity and te enforce process and te
Cause and effect. Saw it advertised, beugnt
it for fifty cents, swallowed it for a conch that
luul troubled me fenr months. twodeeeshelDed
one-half bottle cured. Recommend it te all.
I refer te Dr. Themas Electric OH. Fer sale by
II. 11. Cochran, druggist. 137 and 139 North
Queen 9treet, Lancaster, ra.
21
Statistics prove that twenty-nve percent,
of the dcntlis in our larger cities are caused by
consumption, and when we reflect that this
terrible disease in its worst stage will yield te
tt bottle of Lecher's Renowned Cough Syrup,
shall we condemn the suTerers ler their negll
genee, or pity them for their ignoraneeT Ne
9 East King street.
II. V. McCarthy, Wholesale and Retail Drug
gist. Ottawa, Ontario, writes : " I was afflicted
with Chronic Bronchitis for some years, but
have been ceinplety cured by the use of Dr.
Themas Electric Oil, in doses of 5 drops en
sugar. I have also pleasure in recommending
it as un embrocatien for external use." 'or
II. B. Cochran, druggist. 137 and 139 North
Queen street. Lancaster, l'a. S3
XElilCAZ.
CUTICURA
BLOOD AND SKIN
REMEDIES.
Whatnre Skin and Scalp-Diseases but the
evidence et internal Humer ten times mere
difficult te reach ami cure, which floats in the
bleed and ether fluids, destroying the delicate
1-iuchinery et life and tilling the body with
foul corruptions.
Ccticcka Ueselvkut. thenew Bleed Purttier,
Cuticuua, a Medicinal Jelly, nsslsted by the
CCTICTJUA. MkMCIXAI. AT TOItKT SOAP. liaVO
performed the most miraculous cures ever re
corded in medical utmuls.
ECZEMA KODENT, SALT RHEUM, e
Eczema Remtirr. P. II. Drake, esq., agent for
Harper und Brethers, Detroit, Mich- gives an
nstenlshlng account of his case (eczema ro
dent), which bad been treated by a consulta
tion of iilivMcians without benefit, and which
speedily yielded te the Cntienra Remedies.
Salt Riikum. Will McDonald. 1315 Butter
Held street. Chicago, gratefully acknowledges
a cure of salt rheum en head, neck. face, arms
nnd legs for seventeen years : net able te ulk
except en lunula and knees for one year: net
able te help himscjf for eight years; tried hun
dreds of remedies; doctors pronounced bis
case hopeless ; permanently cured by the Cutl
enra Remedies.
Psoriasis. Thes. Deiiim-y, Memphis. Tenn.,
nlllictcd with psoriasis rer nineteen years;
completely cured by Cntienra Remedies.
Rixowerm. Gee. W. Brown. 48 Marshall
street. Providence. It. I., cured et a ringworm
humor get at the barl-er's, which spread all
ever the ears, neck and face, and for six years
resisted all kinds of treatment ; cured by Cu
ticura Remedies.
CuTirnnA Rkm kdiks are prepared by WEEKS
& POTTER, Chemists and Druggists. 3H0 Wash
ingten street, Bosten, 21 Frent street. To Te Te
eoneo. Out., and M Snow Hill, Londen, and are
for sale by all Druggists.
MALT
BITTERS.
UNFEBMENTED
MALT AND HOPS!
Bleed Pevkrtv. The cause of tbe debility te
Ik) mut with in every walkefllfe maybe traced
te Poverty of the Bleed. Toe close applica
tion te business or atudy, late hours, dl.sslpii dl.sslpii
tlen, want of exercises or sleep, have en feebled
the digestive organs and rendered he bleed
thin, watery and powerless te fulfil the great
purpose for which It was created. What shall
be done? Live a regulur and wholesome life
aud take MALT BITTERS. This matchless
Renovator of feeble and exhausted constitu
tions is rich in the elements that go te nourish
und strengthen the bleed. It perfects diges
tion, stimulates the liver, kidneys and bowels,
quiets the brain and nervous forces, and in
duces refreshing sleep.
MALT BITTERS are prepared without fer fer fer
mentolien from Canadian BARLEY MALT and
HOI'S, und warrantf.il superior te all ether
forms of malt or medicine, while free from the
objections urged against malt liquors.
Ask for Malt Bitters prepared by the Malt
Bittkrs Cexfaiiy, and see that every bottle
bears the Trade Mark Label, duly Siemed and
enclosed In Wavk Limcs.
MALTBITTEUS are for sale by all Drug
gists. jyl-liudWASJkw
JtOVKH AN It STATIONERY.
1CTKW STATIONERY!
New, I'lidu and Funcy
STATIONERY.
Alse, Velvet and Eastlake
PICTURE FRAMES AND EASELS.
L. M. FLYNN'S
JIOOK AND STATIONERY STORE,
Ne. 43 WEST KINO STKEET.
JOM BIER'S SONS,
IS and 17 NORTH QUEEN STREET,
LANCASTER, PA.,
have in stock a large assortment of
BOOKS AND STATIONERY.
Attention Is invited te their
FAMILY AND PULPIT BIBLES
Teachers' Bibles, Sunday
Hymnals, Prayer Beeks,.
Scheel Libraries.
is.
it is clearly within the lawful powers of
courts te disbar attorneys without trial,
for publication made out of court respect
ing cases which have been finally deter
mined, and with which the authors and
publishers had no professional connection,
your honors can only declare the law ; and
it would be manifestly indecorous te ask
the court te pause in its judgment because
such ludcmcnt could net stand as tne law
of the commeuwealth. But when tbe true
interpretation of the law is in any degree
doubtful, it is proper alike for counsel te
present and for courts te consider the fact
that a judgment sustaining such violent
and despotic authority by capricious
judges cannot remain the law in an en
lightened state like Pennsylvania. The
sovereign authority of both state and na
tion has mere than once laid its
strong arm upon its courts te revise
or reverse their judgments when they
have impaired popular or individual rights,
and it will ever continue te de se. The
Dred Scott decision was law but a score of
years age ; what is it te-day ? It was net
reversed by any judicial tribunal, for there
was none above the one that se declared
the law ; but the 'supreme power of the
sworn
mv recollection of tbe political discussions
4-l4- Anmm ttt wi-nrAltr a4 Tar-ilt qnvatyil rtF
your honors would have been left without nation obliterated it fromenrlaws as a ju ju ju
ioeaHens had this tribunal interpreted and1 dicial blot upon the beartld republic of
administer justice successfully, but if the
courts shall prostitute these powers te ca
price or prejudice or individual resentment
they will be speedily stripped of all such
prerogatives. The sovereign authority of
Pennsylvania will net permit a petty judi
cial officer te sit in passion and judge and
summarily convict and punish these who
accuse him el wrong-doing. It is a worse
than mockery of justice for an accused
judge te evade inquiry into his alleged
crimes bv denvinz trial of himself or his
accusers, and then making tne law tue in
strument of his vengeance. Speaking in
my humble way for two great professions
whose privileges and prerogatives aie
directly involved in this issue, I beg of
this learned court that it will
justly appreciate hew much the decision
of this case may affect the rights
of courts as well as the rights of bar and
press. .Between us iei mere ee wuui ; anu
it is but the sober truth that the mainte
nance of the arbitrary and violent judg
ment of the court below in this case will
end the power of even our enlightened and
just courts te inflict summary punishment
for contempt or misbehavior of the bar in
Pennsylvania. It will be se because it
roust be se, for the unjust punishment of
the humblest citizen without condemna
tion by his peers, is an offense te every
citizen of the commonwealth.
HYMN BOOKS AND MUSIC BOOKS
or Sunday Schools.
FINE HEW AUD CAItDS.
SUNDAY SCHOOL REQUISITES of all kinds
OUNTIP UOOVH.
WK LINEN COLLARS
OOTO
ERISMAN'S.
1.10B JfAXC.Y STOCKINGS
OOTO
ERISMAN'S.
TKB SUSPENDERS
OOTO
ERISMAX'S.
;OB MV STYLE
LIKEN HANDKERCHIEFS, UO TO
E. J. ERISMAN'S,
OS NORTH UURKN STREET.
TXHWARX, C-
TjUirXEKK DOLLARS BUTS A
FIRST-CLASS KEFB16ERAT0K,
With Enameled Water Tank-, at
SUERTZER, UUMPnttEVILLE A
KIEFFER'S,
Ne. 4 Kast Kins Street. Lancaster, Pa.
"Vi" T - 4.'
rtw..-..;