no discretion on his part but to obey the order and mandate of the court.
Thus, assuming that the failure to file said petition was patently violative of complainant's civil rights, no basis in law exists whereby civil liability can be imposed upon a public official acting pursuant to court order and direction.
To the contrary, were the Prothonotary who holds his position by sufferance of the Supreme Court of Pennsylvania, to refuse to obey its mandate, he would be contemptuous of that court and subject to summary dismissal.
But even assuming that I were in error in my conclusions as to the effect and applicability of the Civil Rights Statutes, another cogent and strikingly significant reason exists why jurisdiction does not lie with this court.
The complaint charges that the plaintiff was wronged by the dismissal of his petition without a hearing and by the refusal to enter the petition on the court's records.
The petition to the Supreme Court charged a number of members of the bar, including a Common Pleas judge, with professional misconduct. Such a petition invokes the inherent power of the courts to maintain the integrity of the bar and to see that courts and its members do not fall into disrepute with the general public through unprofessional or fraudulent conduct. In re Disbarment Proceedings, 321 Pa. 81, 184 A. 59.
Plaintiff's petition, just as any other complaint of professional misconduct, merely supplied information for the court's consideration. It is ridiculous to assert that the court has no alternative but to take action against the person complained of. If the court considers that no offense has been committed; or that the allegations of the complaint are insufficient, immaterial, impertinent or scandalous; or that the complaint has been filed from an improper motive; or for any other reason decides not to proceed with the matter, the complainant has no recourse.
Plaintiff is an informer and nothing more, and as such, has no right to be heard at any stage of the proceeding, save as the court or its committee may call upon him to testify. The plaintiff has averred nothing to show that his interest in the matter before the Supreme Court differed in any particular from the interest of any other citizen and member of the bar, none of whom have any standing as a party in interest.
In view of the fact that plaintiff's sole right was to make a complaint, if he chose, and submit the same to the court for appropriate disciplinary action, it is my judgment plaintiff fails to disclose the denial of any rights under Pennsylvania law and the Rules of the Supreme Court, or the Constitution and laws of the United States.
For the reasons stated, I must, therefore, conclude that the instant complaint fails to state a cause of action upon which relief can be granted, and that the same should be dismissed.
Subsidiary to defendants' motion to dismiss, defendants move to strike scandalous, irrelevant and impertinent material which allegedly appears in the complaint and exhibits attached to the plaintiff's complaint.
Rule 12(f) of the Federal Rules of Civil Procedure, 28 U.S.C., provides that the court may order stricken from any pleading irrelevant, impertinent or scandalous material.
In this connection, I deem it noteworthy to state that never has the security of our people been more jeopardized than by scurrilous and unfounded innuendo, viciously contrived to blacken and besmirch reputation of honest, patriotic Americans.
Never has humanity been in greater need of restraint and caution in dealing with the affairs and reputations of individual citizens.
In view of the dismissal of the instant complaint, however, no purpose could be served in evaluating the nature of the appended material under attack.
An appropriate Order is entered