The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1860-03-07

authorizing the Mayor to appoint twenty four bals and
also to the act of 1877 These gave the city
thory to appoint limited number police In 1850 an
act was passed authorizing the Mayor and City Council
to appoint High Constable and twenty police officers
These the officers who in existence time
of the adoption Of the Constitutions and the word addi-
tonal must be considered in relation the condition of
the force at that time. Therefore the word additional
meant additional force of that kind and gives State
right to create police force.
Mr.. Swami has been unfortunate in his position of
Mayor to have seen many scenes of disorder and may
have honestly intended to do his duty asserts that
he has not the power to carry out the laws Mr. John
son read from one of Mayor Swanns first messages to
the Council in which he asks for increase of the Do
lice force to show that his Honor Mayor had no idea
that the force to be temporary Message looked
towards the calling into existence increased police
force, and the Council complied with the recommenda-
of the Mayor The title of the bill said notbinp of
the force being temporary, but permanent force and
the first section ofthe ordinance repealed all laws which
created the previous force In the revised ordinances the
title to the police bill is the The first ton
which repealed the laws creating former police force
was left out but the first section of the bill however
looks distinctly to the establishing of permanent
III there other evidence except the title of
DILL it would be sufficient to prove its permanent
cer But the 2lst section of the bill authorizes the
| form duty only temporarily ~ '' pN'
that both city and Legislature considerad tat ;t
had no authority to create permanent police force mn
ST. 4I ;sIotn " M as Ielegated to the city by the
ting police force for the City Batmora anbori1n
the arming of the same; and when Mr. swarm tool bis
seat Mayor of his first was tn rocn,,od -
the Council to take advantage of the of Is53 and in
| the police force. The act OF 1858
the to increase the force but it repeals the Of
1872 and 1917 The Legislature created the present @
created the martial and the insignia OF Office Many Of
the members of the Convention which formed the Con
sttutiOn members of the Legislature the session
which followed They created twenty-four Justices and
sXtyeght cOnstabes. Not only did they do this, but
they legislaed the subject of the police force by
granting power to increase the same and repeating all
other He considered that this settled the question
of the Of the Legislature to legsate the sub
| ject
The last question to be considered was the right of the
other property belonging the Police Department-
This the question involving the taxing power Is
this property public property? Does it belong
State who the individual owners? 1t is in the
possession of the Mayor and City Council Who they?
The agents of the State By what right do they hold i7
rely the agents of the State The property pub
lie; as the corporation of Baltimore
exist, possession passes from it. 1t purchased with
the publcs money, raised by conferred the
corporation by the State and consequence it belongs
| to the State.
that between the Baltimore and Ohio Railroad and Wash
ngton county and cited various authorities sustain
The State has conferred the city the power to levy
taxes for the purpose of building these
the protection of the police of its now
repeas the law which created the police force
quenty the city loses the right in the property The
Mayor and authorities have acted in meeting this ques
ton in manner which did them honor They are willing
to abide by the decision of the Courts The evils which
prevailed demanded change in the form of governing
the city. The Mayor that he done his duty
but he has failed. All the officers answered the same
Yet at the last election blood shed in the
less Under this state of things the Legislature deter
mined to institute order of thngs-to the fair
name of the CITY, and give confidence an outraged
community. The city authorities, however, claim the
use of the statOn-houses for a temporary police force
which the Legislature has abolished. As the use for
which they intended by the city longer exists
the city consequently loses the right of the property
it revets to the State 1t refer to authorities
to sustain as plain principle of law this Your Honor
| is familiar with them
Mr.. Johnson said he would close his remarks by vim
dcaton of the acts of the Legislature The law itself
its best vindication. There is provision it but
what aims at the public good The Legislature has acted
promptly and patrioticay in this matter They might
have acted from the notorious reputation which the city
had gained from the turmos, and riots and boodshed
which was daily occurring. But such was not the case
They prompted in their work by petition signed
by ten thousand of your best citizens, who earnestly
prayed for the of the law. The lights of legal
profession engaged in perfecng the bill At the
head was ). V. l.. McMahou-next, John Nelson who is
now more will not mention other eminent gentle
men, for they present What motives, other than
public good, could have actuated these men? 1t is
wrongng their fair fame to suppose otherwise They felt
for their city, whose reputation sullied and whose
name had become by-word and reproach. They had
the dearest rights of the people trampeled upon rs
dust and all that sacred destroyed They drew this
bill.
Mr. schley.-Do you to say that John Nelson and
j. V. l.. Mcmahon drew this Police bill?
Mr.. Johnson They were consulted every line
of it.
Mr.. johnson continued for some time in vndi-
cation of the act of the Legislature, and pronounc
ed the bill of the purest and noblest intent.
At the close of his remarks Judge Martin asked
if the argument had closed, well the question
of the mandtmus, as on the consttutionaty of the
bill, as he desired to dispose of both questions at
the same time.
After few moments consultation, the counsel
informed the Judge that they satisfied to have
a decision both questions, as the points raised
by the moNdomus had been fully discussed.
UNITED STATES DISTRICT CoURr.-Hon. VIM. Fell
Giles, Judge.
The March term of this Court commenced yes
terday
Marshal Watkins has summoned the following
Grand and Petit Juries to during the term:
Grand Jurors-Anthony Mtenberqer, Fore
man; Charles c. Egerton, George Evans, John H.
Rea, Augustns Hack, William Keilholtz, Lemuei
W. Gosnell, Peter Novel; John f. Hobson, John
Sharkeys Chauncey Brooks Daniel J. Foley, Will
liam I. Walters John Hoffman, George p. Thorn
as, j. G. Nicodemus, James McHenry, A. D. Mil
Ter, Samuel Guest, Sterling Thomas, David Crea
mer, Joseph J. Turner, James H. Luckett
Ut, Pet" J%forS.-Richard II. Johns, William Reed,
Wesley Disney, p. Henry Bennett James c.
Murray, Joseph Rogers, Nicholas Peregoy,
Louis Bixer, Elias Marsden, Thomas Wright,
George B. Aiken, John McClernan, George A.
Francis Luke, Joseph II. Ruddach, William Nc
Lain, John d. Norris, Isaac Petit, Quinton W.
Ratclitfe, Samuel Freeman, Jesse Miller, L. w.
Ridgely, Jesse NJ. Collision, Andrew j Norris, Jo-
seph ). Hastings, George Coleman, David Bland
ford, Michael Gallagher, George Cotton, John
johnson, Edward G.. Starr, William H. Slater
James Foos.
No business transacted yesterday. Both iuries
of the illness of Mr. Addison, District Attorney
CIRCUIT Court FOR BALTIMORE CITY.-Hon Will
liam George Krebs, Judge.
The following occupied yesterday
Chas Calhoun Augustus Block. Bill for in
junction and receiver. Asbury Carter appointed
receiver, and injunction granted. James Malcolm
Esq, for complainant
Henry G.. Rice as. Elizabeth Frances Thorndike
Rice. Decree granted divorcing complainant and
defendant UmcuiO mdtrimonii, on account of the
abandonment of her husband by defendant. The
custody and guardianship, of their only child
Charles Allen Thorndike Rice, until his arrival at
the age of q years, also awarded to the COM
plainant.
CoURT OF COMMON PLEAs-Hon VIM. L.. Mar.
shall, Judge.
The following occupied Yesterday
Erastus Wilson rs. John W. Deever. Off.
Same Us. same Judgment by confession for
S26003
John Sndolph David Eiau and Lima Eilau
Action for covenant. Verdict for defendant.
Assignment to-day, l56 to $50
CIRcUTT CoURr FOR BALTIMORE CoUNrY-Before
Hon. Judge Price.
TOwsONTowN, March G. 1860
Richard J. Cuttings, Esq, Attorney for the State
prosecuting
State James H. Bishop and Samuel Black
lock, jointly indicted for assaulting John Schroeder
alleged to have been committed on the 23d of De-
cember, 1859, at Bishops hotel, eight miles from
Baltimore. on the Belair road; tried before the