Ex parte Bradley

Decision Date01 December 1868
CitationEx parte Bradley, 74 U.S. 364, 19 L.Ed. 214, 7 Wall. 364 (1868)
PartiesEX PARTE BRADLEY
CourtU.S. Supreme Court

'Mr. Bradley having filed his answer to the rule of the court served on him, and having been heard at the bar in support of his answer, it is by the court ordered that, for the causes set forth in said rule, the name of Mr. Bradley be stricken from the roll of attorneys, solicitors, &c., authorized to practice in this court.'

After the order thus made, this court(the Supreme Court of the United States), on the petition of Mr. Bradley and motion of Mr. Carlisle, granted a rule on the Supreme Court of the District requiring them to show cause why a mandamus should not issue for Mr. Bradley's restoration.

To the last-mentioned rule of this court, the Supreme Court of the District made return——

1.'That on the 10th of August, 1867, while Judge Fisher, one of the justices of the Supreme Court, was holding a criminal court in this district, the relator had been guilty of contemptuous language towards the said judge in the progress of a trial therein, and for which the said justice disbarred him from the privileges of attorney and counsellor of the Supreme Court.'

The return added:

'At the time the contempt was given, Judge Fisher was holding a Supreme Court, and exercising its criminal jurisdiction as such Supreme Court.There is no criminal court in this district; there is, therefore, no judge of a criminal court in this District.The act of 3d March, 1863, abolished both the circuit and criminal courts of the District of Columbia, and transferred all their several powers and jurisdictions to the Supreme Court created to take their place.It prescribes in what manner said Supreme Court shall exercise those powers and jurisdictions.One of the justices shall hold a criminal court, another a circuit court, a third the special term, and a fourth a district court.Or any one of the justices may, at the same time, hold two or more of these courts.But these several justices, when holding courts in this manner, have no authority or jurisdiction of their own, for the law has given them none.Their powers and jurisdiction are those of the 'Supreme Court;' and these it is which make a court.The court where the powers and jurisdiction of the Supreme Court of the District of Columbia are exercised, is that court.The Supreme Court of the District holds the criminal court, and the law makes one judge the court for that purpose.The contempt in question was, therefore, a contempt of the authority of the Supreme Court.'

2.That 'the conduct of Mr. Bradley was not merely a contempt of the authority of the Supreme Court of this district, but was also gross misbehavior in his office of attorney, and that for this reason also, his offence was cognizable by the court in general term, irrespective of the doctrine of contempts.'

The return proceeded:

'It is true that the rule to show cause, ordered against him by the court in general term, ignored the order made by Judge Fisher, and called upon him to answer for the specified acts as a contempt; yet, after his return was...

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181 cases
  • Ex parte United States, Petitioner. riginal
    • United States
    • U.S. Supreme Court
    • 4 d1 Dezembro d1 1916
    ...of the subject by a mere reference to adjudged cases conclusively establishing the want of foundation for the contention. Ex parte Bradley, 7 Wall. 364, 19 L. ed. 214; Life & Fire Ins. Co. v. Wilson, 8 Pet. 291, 8 L. ed. 949; Re Winn, 213 U.S. 458, 53 L. ed. 873, 29 Sup. Ct. Rep. 515; Re Me......
  • Chandler v. Judicial Council of Tenth Circuit of United States
    • United States
    • U.S. Supreme Court
    • 1 d1 Junho d1 1970
    ...See Note, The Exclusiveness of the Impeachment Power under the Constitution, 51 Harv.L.Rev. 330, 334 (1937); cf. Ex parte Bradley, 7 Wall. 364, 19 L.Ed. 214 (1869); Ex parte Robinson, 19 Wall. 505, 22 L.Ed. 205 (1874); Ex parte Wall. 107 U.S. 265, 2 S. Ct. 569, 27 L.Ed. 552 (1883) (mandamus......
  • In re Josephson
    • United States
    • U.S. Court of Appeals — First Circuit
    • 23 d4 Dezembro d4 1954
    ...v. Judges of Circuit Court of Maryland, 1827, 12 Wheat. 561, 6 L.Ed. 729; Ex parte Crane, 1831, 5 Pet. 190, 8 L.Ed. 92; Ex parte Bradley, 1868, 7 Wall. 364, 19 L.Ed. 214. Rev.Stat. § 688 (1873) "The Supreme Court shall have power to issue * * * writs of mandamus, in cases warranted by the p......
  • Cammer v. United States
    • United States
    • U.S. Court of Appeals — District of Columbia Circuit
    • 5 d4 Maio d4 1955
    ...after opportunity to be heard has been afforded." See also, Ex parte Robinson, 1873, 19 Wall. 505, 512, 22 L.Ed. 205; Ex parte Bradley, 1868, 7 Wall. 364, 374, 19 L.Ed. 214, and Tanner v. United States, 10 Cir., 1932, 62 F.2d 601, certiorari denied 1933, 289 U.S. 746, 53 S.Ct. 689, 77 L.Ed.......
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