399 Opinion of the Court. transaction" for we hold that a lawyer is not a court "officer" within the meaning of § 401 (2). It has been stated many times that lawyers are "officers of the court." One of the most frequently repeated statements to this effect appears in Ex parte Garland, 4 Wall. 333, 378. The Court pointed out there, however, that an attorney was not an "officer" within the ordinary meaning of that term. Certainly nothing that was said in Ex parte Garland or in any other case decided by this Court places attorneys in the same category as marshals, bailiffs, court clerks or judges. Unlike these officials a lawyer is engaged in a private profession, important though it be to our system of justice. In general he makes his own decisions, follows his own best judgment, collects his own fees and runs his own business. The word "officer" as it has always been applied to lawyers conveys quite a different meaning from the word "officer" as applied to people serving as officers within the conventional meaning of that term. Cf. Labor Board v. Coca-Cola Bottling Co., 350 U. S. 264. We see no reason why the category of "officers" subject to summary jurisdiction of a court under § 401 (2) should be expanded beyond the group of persons who serve as conventional court officers and are regularly treated as such in the laws. See 28 U. S. C. §§ 601-963. There are strong reasons why attorneys should not be considered "officers" under § 401 (2). As we pointed out in the Nye case, the 1831 Act was promptly passed by the Congress after the impeachment proceedings against 3 Illustrations of the confusion and difficulty of courts in explaining what is meant when a lawyer is called an officer of the court may be found in the following cases: Langen v. Borkowski, 188 Wis. 277, 301, 206 N. W. 181, 190; In re Galusha, 184 Cal. 697, 698, 195 P. 406; Sowers v. Wells, 150 Kan. 630, 635, 95 P. 2d 281, 284-285; Bergeron, Petitioner, 220 Mass. 472, 476, 107 N. E. 1007, 1008. 350 U.S. Opinion of the Court. Judge Peck failed by a senatorial vote of 22 to 21. Judge Peck had sent a lawyer to jail and had taken away his right to practice as punishment for an alleged contempt. The contempt consisted of published criticism of Judge Peck's opinion in a case in which the convicted lawyer had appeared as counsel; he was also counsel in other pending cases involving similar issues. Those directing the impeachment proceedings, who later brought about the passage of the 1831 Act, expressed deep concern lest lawyers continue to be subjected to summary trials by judges without the safeguards of juries and regular court procedure. Congressman James Buchanan who made the last argument against Judge Peck stated: "But what is the process in the case of contempts? Without either an information or an indictment, but merely on a simple rule to show cause, drawn up in any form the judge may think proper, a man is put upon his trial for an infamous offence, involving in its punishment the loss both of liberty and property. He is deprived both of petit jury and grand jury, and is tried by an angry adversary prepared to sacrifice him and his rights on the altar of his own vengeance. "I may be wrong, but I hold it to be the imperative duty of an attorney to protect the interests of his client out of court as well as in court." Again Mr. Buchanan said: 4 455. "I believe that I have as good a right to the exercise of my profession, as the mechanic has to follow his Stansbury, Report of the Trial of James H. Peck (1833), 445, 399 commerce. Opinion of the Court. trade, or the merchant to engage in the pursuits of The public have almost as deep an interest in the independence of the bar as of the bench." 5 Such statements by the same man who reported the 1831 Act to the House of Representatives almost immediately after Judge Peck's acquittal are completely inconsistent with a purpose to treat lawyers as "officers of the court" subject to summary punishment. We cannot hold that lawyers are subject to the precise kind of summary contempt power that the Act was designedly drawn to bar judges from exercising. Section 2 of that Act made ample provision for punishing corrupt efforts to influence, intimidate or impede juries. And Congress expressly provided that prosecution therefor be by indictment. Substantially the same provision has been a part of our law ever since. 18 U. S. C. § 1503. See also Fed. Rules Crim. Proc. 7 (a). Of course it does not cover this case because there is no charge that petitioner attempted improperly to influence the jury or violate § 1503 in any other way. Had there been such a charge petitioner would have been entitled to a trial by jury after indictment by grand jury. We hold that a lawyer is not the 5 Id., at 450. 6"And be it further enacted, That if any person or persons shall, corruptly, or by threats or force, endeavour to influence, intimidate, or impede any juror, witness, or officer, in any court of the United States, in the discharge of his duty, or shall, corruptly, or by threats or force, obstruct, or impede, or endeavour to obstruct or impede, the due administration of justice therein, every person or persons, so offending, shall be liable to prosecution therefor, by indictment, and shall, on conviction thereof, be punished, by fine not exceeding five hundred dollars, or by imprisonment, not exceeding three months, or both, according to the nature and aggravation of the offence." 4 Stat. 488. 262618 O-56-32 Opinion of the Court. 350 U.S. 7 kind of "officer" who can be summarily tried for contempt under 18 U. S. C. § 401 (2). The judgment of the Court of Appeals must therefore be reversed. Reversed. MR. JUSTICE REED concurs in the judgment solely on the ground that the circumstances leading to the enactment of this statute dictate the Court's otherwise unique reading of the term "officers of the court." MR. JUSTICE HARLAN took no part in the consideration or decision of this case. 7 Ex parte Bradley, 7 Wall. 364, requires no different result. The Court there held that an attorney could not be disbarred solely on a showing of a contempt committed before another court. The Court did use broad language there as to the power of courts to punish attorneys as officers of courts for misbehavior in the practice of the profession. The statements in Ex parte Bradley went so far as to say that lawyers became subject to the summary jurisdiction of courts "for the commission of any other act of official or personal dishonesty and oppression." Id., at 374. However questionable those statements may be, they were not made, as the Court pointed out, with respect to a court's power to punish contempts. The Court was referring to the generally exercised powers of courts in that day to discipline attorneys. As said by the Court later in Ex parte Robinson, 19 Wall. 505, 512, "The power to disbar an attorney proceeds upon very different grounds" from those which support a court's power to punish for contempt. Opinion of the Court. UNITED STATES ET AL. v. CONTRACT STEEL CARRIERS, INC. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF INDIANA. No. 102. Argued February 29, 1956.-Decided March 12, 1956. 1. If a requirement that the services of a "contract carrier by motor vehicle," within the meaning of 49 U. S. C. § 303 (a) (15), must be individual and specialized is to be read into this section by its legislative history, the requirement was satisfied in this case, since this carrier hauls only strictly limited types of steel products under individual and continuing contractual agreements with a comparatively small number of shippers throughout a large area. P. 411. 2. The fact that this contract carrier has actively solicited business within the bounds of its license does not support a finding by the Interstate Commerce Commission that the carrier was "holding itself out to the general public" as a common carrier. Pp. 411–412. 128 F. Supp. 25, affirmed. Charles F. Barber argued the cause for appellants. With him on the brief were Solicitor General Sobeloff, Assistant Attorney General Barnes, William J. Lamont and Robert W. Ginnane. Robert N. Burchmore argued the cause for appellee. With him on the brief was John S. Burchmore. PER CURIAM. The Interstate Commerce Commission brings an appeal from a three-judge district court, 49 U. S. C. § 305 (g), that reversed an order of the ICC, 62 M. C. C. 413, directing appellee Contract Steel Carriers to cease operations as a common carrier by motor vehicle. 128 F. Supp. 25. Appellee holds licenses covering different areas surrounding Chicago, Houston, and St. Louis. As these are substantially in the same form, a single illustration will suffice. It covers contract carriage of |