The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1866-11-14

Dccasien Of Judge BartOl In the Haboos Cor.
PISS Caso-Goverass SWAMI suseaiaod-The
Arrest Of the New Police Csmmtssieaers Ilie-
sai-Judsc Boaa Rcbsked. &c.
BALTIMORE. Nov ~ 1861
Judge Barto has rendered his dscssOn The hsbesa
corpus The Judge sustsns the power Of Governor
Swami TO remove the Commissioners Of Polcs His
decision the whole He says the order Of
Judge Bond Of The Criminal Court that the parties hs
held 70 ball. and In default thereof to b committed TO
keep the peace against the Police Commissioner and
not 70 seek 70 exercise any Of the functions Of Police Com
shed By the courts was wholly unwarrsnled and thai
the Judge Of the Criminal Court had authority 10 Issue
such an order He the Code In regard 70 Police
Commssioners and decided that IL gave the Governor
entire power 10 the msttershas IT, In his Judgment.
Messrs- Woods and Hndes had been guilty Of oflcal
and appoint succsssors thas At he time Messrs Young
and Valiant were arrested they had been truly and law
fully appointed Police Commissioner and that, clothed
with tho commission Of tho Governor, they then
truly IN once and empowered 10 rghtfuiiy exercise all
the functions Of the same in place Of Messrs Woods and
Htndes removed and who had been ocially notified Of
their removal The action OF the Governor was nnsl
much II th0se Commissioners had been removed by
the Legislature, and from bis action there could b no
While the decision Of Judge Bartoi fully sustans the
action Of the Governor and condemns that Of the Crm
Messrs Young and Valiant by the order issued and dis
charges them from the custody In which they were held
decided that Il was for Il" Criminal Court 10
entertain the charge alleged against Msssrs Young and
Valiant Of conspiracy TO break the by forcbiy
psrty held BY Nessrs Woods and Hndea Such charge
was an fndicable offence. and upon that charge they
issue an order FOR the Immediate dischsrss Of sheriff
Thompson and 10 the case Of hess Young and Valiant
he discharged them from custody under the Illegal
order Of Judge Bond restraining them from seeking 10
exercise the funons Of their Office Police Commits
sioneB but 10 the other charge OF conspiracy 70
break the peace he would require them 70 their
proper court
Judge Barols decision was received with grsa cnthu
sasm by large portion Of the dense crowd In the court
room and corridors
The Old Board Ordered to Surrender the
Public Property to the Now Commissioners
No Excitement in the City.
BAIrxoRs, Nov 10, 1866
The now Police Commissioners this afternoon served
another legal notice the old Board of Commissioners
TO surrender all property in their charge and also no
ned Mayor Chapman to attend meeting Of the Board at
five O'Clock. Subsequently they Issued the following
co~"esIn, or re- or, no s.p 9. ;
The Marshal and other officers Of Inc police o. Baltimore
ns y
order, thu. have from The late board o Police O
that may smana.e from said late board hereafter The
o. soes ana i no
wa, psS. s.S
ffn nonss sS ysafEiiiiASr Police Commissioner.
Mayor Chapman did accept the invitation Of the
Police Commissioners attend their meeting this
evening; but IL 10 probable he will do tomorrow.
Marshal Carmichael and hts deputy, together with the
detectives belonging the force have responded TO the
summons Of tho Commissioners, and Marshal Car
michael will report 10 the Board for orders to
morning
The Commissioners have announced that IL Ia not
their intention TO make any changes in tho present
force except In Of misconduct and unnness and
propose accept tho services OF oil the members Of tho
old force who willing TO do duty under them.
II u not known what course the old board will now
pursuswhsthcr they will accept tho situation and
gard themselves lawfully displaced further
test the question before the not known Should
they refuse surrender the properly funds &c held
by them commissioners, the board will TO
wdNddmus
Tho, present position OF this affair excite
men and all parties disposed to regard tire do.
cision to-day . nnsl settlement OF tho difficulty