The Evansville journal. [volume] (Evansville, Ind.) 1866-1870, 1866-11-14

BALTIMORE, Nov. l3.-Judge Bar
ton has Just rendered his decision in
the habeas corpus case. 1t sustains
the power Of Governor Swami to re-
move the Commissioners Of police,
There was great cheering in the Court
room on the announcement Of the de-
cision. His decision, reviewing the
whole case, says the order OF
Judge Bond Of the Criminal Court,
that the parties be held to bail and
in default to be committed to keep
the peace against the police Commits
sioners and not to seek to exercise
any Of the functions Of Police Com
missioners, until their claim TO said
Office should be established by the
Courts, was wholly unwarranted and
that the Judge Of the Criminal Court
had no authority 10 issue such an or
der.
He reviewed the code in regard to
the Police Commissioners and decided
that il gave the Governor power in the
matter; that if, in his judgement,
Messrs Woods and Lines had been
guilty Of official misconduct the law
gave him power to remove them and
appoint successors; that at the time
Messrs. Valiant and Young were ar
rested they had been duly and truly
appointed 'Police Commissioners, and
that clothed with the commission Of
the Governor they were then truly in
Office and empowered to rightfully ex-
ercise all the functions of the same,
in place of Woods and Hines, remov-
ed, and who had been officially nOti-
fed of the removal. The action of
the Governor was final, as much 80 as
if those Commissioners had been re-
moved by the Legislature and from
his action there could be no appeal.
BALTIMORE, Nov. 13.-Gen. Grant
is in town TO attend the horse fair.
He is the guest Of Judge Bond.
It is supposed the new Commis-
sioners win at once enter apon their
duties, and renew their demand upon
the old board for the surrender Of
theepolice, stations, &c, aaa afrVtAR.
Messrs.J Y oung and Valiant, on en-
tering their Office few moments ago,
were loudly cheered by the crowd
Judge Barton, in his decision. says
the order of Judge Bond, Of the
Criminal Court, that the parties be
held TO bail, and in default thereof to
be committed to- keep the \ peace
against the Police Commissioners,
and not to seek TO exercise any Of the
functions of Police Commissioners
until their claim to said Office shall
be established by the courts, was
wholly unwarranted; that at the time
Messfs. Young and Valiahtwere ar
rested they had been, truly
and lawfully authorized Police Com
missioners, whilst the decision
of Judge Barton fully sustains the
action of the Governor, and condemns
that Of the Criminal Court; it yirtu-
ally granting an injunction, against
Messrs. Young and Valiant by the order
issued, and discharged them from the
custody in which they .yerei hald in
virtue Of the committal. On, such Or
der the Judge decided that it was
competent for the Criminal Court to
entertain the charge alleged, against
Young and Valiant, & conspiracy to
break the peace, by forcibly taking
| possession Of the police stations and
other property held by Messrs., Woods
and Kinds; such charge was an In
| dictable offense, and, upoRthat charge,
they were properly held to bail.
Judge Barton said he woald issue
an order for the immediate discharge
of Sheriff Thompson; and, in the case
of Messfs. YoungSahd Kaliont, he dis
charged them from custody under the
illegal order of Judge Bbnd restrain
ing them from seeking to- exercise the
functions Of their Office as Police Com
missioners but, as to the other
charge, OF conspiracy TO break the
peace, he would require them to enter
their own recogmizances to answer the
charge before the proper court, eiif q
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