Cincinnati daily press. [volume] (Cincinnati [Ohio]) 1860-1862, 1860-07-17
COVINGTON NEWS.

HABEAs CoRPUs.-We suppose that if there
is one principle of the old English common
law which has obtained universal sanction
in this country, it is that plea of dutre fois
dcqmt, or previous conviction, is bar TO
all further proceedings against criminal for
any particular offense. The Constitution of
the United States, as well as that of each
individual State, contains an express provi-
sion in its bill of rights declaring that no man
shall be put in jeopardy twice for the same
otfense; indeed, SO well settled is it that an
almost identical phraseology is used in allo
them.
Notwithstanding this, however, few mod
ern Solons or rather Dogberries, in this vi
cinity, have been adopting an adverse prac-
tice, ,ining men for ofienses for the commission
of which they have already been convicted
aud paid the penalties prescribed by statute.
The pretense is that the city officials are not
bound to recognize a conviction by Justice
of the Peace, and Uice Uersd;--the one fning
for offenses against the municipality, and the
other for those against the Commonwealth.
Now, it often so happens that the same
thing may be punished by both the general
laws of the State and the ordinances of the
city, and it is contended not only by Justices
of the Peace who are elected simply because
they are necessity, and supposed to know
no law, but by Judges of higher Courts, who
are presumed to have read at least half a
dozen elementary volumes on that subject
that the party may be fined for violation of
both of these, though but one misdemeanor
may have been committed.
The legality of this method of procedure,
we are glad to learn, will now be investi-
gated, and, we hope, the practice will receive
a check. fr
Some time since, two brothers named
Burlein were arrested, brought before the
Mayor, and fined $50 for carrying concealed
weapons, and in default, were committed To
Jail, in accordance with the city ordinance on
that subject. Soon after, the grand jury of
the County indicted them for the same of
fense, and they were tried in the Circuit
Court convicted, and sentenced to pay fine
of $50, and committed in default. Yesterday
hdbeas corpus was sued out, and the legality
Of their detainer, after the expiration of their
first sentence, will be tried before Judge Chas
Mooar, Of the County Court, to-day.
We are not aware what positions will be
assumed by the attorney for the applicants,
Judge Perrin, but think the case is so per-
fectly plain, that no controversy can be raised
by the Commonwealth. That the Legislature
has power to punish offenses, there is
no doubt; that it may delegate this power to
certain corporate bodies, is equally true; but
the party to whom this power is given, is
acting simply as the instrument of the State
and is not an independent authority. It has
been found necessary every where to confer
peculiar powers upon cities and to establish
Courts to act in the premises; but this is
only because it is supposed that order can be
maintained in this way better than by State
enactments. All the legislation of the City
Council, however, is as much that of the
State as are the statutes of the General Leg
islature. Whatever is done by the agent is
done by the principal, and as city ordinances
are acts ofagents, they are, to all intents and
purposes, those of the State Government, for
the former have no powers, save such as are
conferred by the latter.
If the State Legislature empowers the
Council of Covington to infiict a fine for
carrying concealed weapons, IL is as much its
own act as if il did it directly, and if the
Mayor Of Covington is empowered by the
Legislature to pronounce sentence in such
cases, he is as much a creature Of the State
as Justice of the Peace or Circuit Judge,
and his judgments must be equally respected.
II this is not correct view of the subject,
if the State authorities can do an act directly,
and then do it again indirectly, it can do it
third and fourth time, with equal pro-
priety, and the clause in the State Constitu-
ton, to which we have referred, can be
easily nullified.
1t will not do to say that the prosecution
is, in one instance in the name of the city,
and in the other, in the name of the Common
wealth. Whence came the power to prose-
cute in the name of the city From the State.
Can the Legislature, by changing form, in
validate the plain principle Of the Constitu-
tion2 We think hardly; for if it could, it
might order prosecutions in the name of the
State, the county and the precinct, as well
as the city, and the penalty be inflicted four
times. Sucha supposition, or rather neces-
sary conclusion, would be fruitful of rather
more tyranny than would be consistent with
American liberty.
RUNAwAY.-A horse attached to an ex-
press-wagon, the property of Mr.. Henry Nit
tendorf, ran away on Sixth-street, yesterday,
breaking the vehicle into fragments, but
doing no other damage. The fright was oc-
by noise from several street-corner
politicians, who were arguing the relative
merits of Bell, Douglas and Breckinridge.
FIRE.- Yesterday afternoon about four
o'clock an clubhouse in yard occupied by
Mr.. Frost, on Scott-street, between Fourth
and Fifth, took fire from some Goals that had
been thrown in the vicinity, and was entirely
consumed. The loss, however, did not exceed
500. |l II tf
POLICE CoURT,-Four or FIVE petty cases
were tried before Mayor Foley yesterday,
but none of them deserve particular notice.