New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-05

Court &c
Issued the I'd day Of Nov leC6 JoHs BAsHEw
Clerk Of the Criminal Court Of Baltimore
The Coroner Ireiired with the warrant but soon TO
appeared reporting that the Sheriff was busy would DO N
Court soon.
Judgo--No return You are bound 70 bring him.
Ten minutes elapsed when the Coroner appeared,
missioDers, Tho counsel for the pnsoners Meesrs.
SchleY Latrobe and HoTwiz soon appeared lhey asked
to see the afidavs De- on which the arrests were made
and were informed that the warrants were issued on ample
oral testimony. After short consultation OF the counsel
Nov il please the Court This question OF power-of
conflict OF authority These gentlemen whom NC called to
their authority under the seal Of the State Of Maryland
They qualified have regularly assumed the duties
OF Their Office They are in Office IN accordance with
the Constitution of the State Your Honor has ordered
the Of these persons as usurpers With due
Difference We submit that Jon have DO authority
beside such question 10 that Of egahty and have no
power Try these parties under these warrants II these
persons have been appointed y thS Governor IN ne pace
others who have been removed ana D. ty nave taken me
requisite oahs they have undOubted night 90 take possession
of the police buildings stations arms and papers o. eoIsea
tors OF the peace These COMMISSIONER are pay OF we gov
eminent OF the city You might well arrest the Governor
ana you WoHd nave INC haIue IlEhl ~ ~ -. 80 49,,
what 90 we scei we see the heIH "I's.,u uiI -
Court bench seaed on verbal cxGuna-
commissioners under whom nc u A't!iE aLu % III
arrested the sheriff Suppose these ponce HoI
arrest yOut They commissioned by a"iII hu,ho'! au
1t does not belong IN this Court to decide Sh.s, NY arc e
truly the commissioners or not LIS y NV NV"' o'
c CSe boTcoye 70 opToaT before your Honor
on that question They are Commissioned they exercise the
cannot adudcato question: and cannot talk Of cIl
nal proceeding Of melting 10 not ana OF eo4eS isn -
sons in unlaV assCmbacc En have uecl.d te qhes
on Of title Unless you decide thai there s 10 u LoS an
you decide that theirs is on ] ~ -,
that title usurpatiOn Of power on your part
Under the impression that us matter must necessarily result
In not in mis- cty decline 10 take ANY dart H. The quos
ton whether they rioters depends upon the primary qps
whether they Commits and That You rano ue
eide thought YOU might take short cut 20 incaIecIae these
officers for the sake Of tie men who recently Police Com
misoners but the charge OF melting 70 oi d hot occur 70
me- This Is an unprecedented Proceeding ala VAIN al 'Ac
parties engaged % Ills bialr.
This Court not TO be ntmidated Tie oir counsel VII not
be heard
league No act Of the sheriff las been Performed except uAA9
the direction Of The Commissioners valiant aAd Young
Mr.. Larotc-Thesc Commissioners may It please yoar
Honor hold their commissions rom ile Governor ui tAe ste
Maryland succeed the former Commissioners removed or
official misconduct under statute o. Tie Assembly IIo Mg
for such removal 10 express terms whether NC Ofti to
missOners lawfully removed depends upon ne definition
tried by another court Lnade then tie Court WIN decide
whether the Governor had tie authority 20 issue lie coms
whatever 10 y thai question u or co- above when
the matter shall be brought properly before them beg Tat
Won set at nouch tie broad of the of Maryland We
claim for the seal Of The state ina respect Which IS due 70 T.
liberation which arc 50 rCcessaIy time. he ttcc.
Mr.. Sterling, counsel log the prosecution, ,ail;
May please the Court my tricad BIS said that IN times
like these should all h. patient and Trust that We shall ID
be patient have 10 aee 70 sl; te iS goe las I
my learned nIeud have invoked II may Hot be- improper i
some im1at.cncc vas manifested But Yoar Honor 90
purpose ior moment 90 enter INTO the question whether these
gentlemen, claiming 70 De- Comm cucre are Comn.rsionos
OF the City OF Baltimore .ot agree entirely With every
thing that has been said by ny friends ~ tie Other SIDE m re-
ference to this Court not Loving jurisdiction o. "a i..tsf q
Court OF Baltimore 20 by hc question which .s a. nc oot u
the State Of Maryland hu suppose sr that TIE Go'elo. Of
the state Of Mar land should attempt under the broad te
Of Judge Of the superior Court Of this city simultaneously re-
pose that Judge Martin should decline 10 t-eaici
Would my fcd 20 before another court 20 test TIE validity
the appointment or world be ATTEMPT 10 'inaice DE- e1s
session. There IN Baltimore force 0f nearly ioJ
gasts IA 20, .' ~, ,.'r =. .,- vi ,. III ~ Pa Cr
arg - ~ = ,6fs Se,s f1cls
WHO may be omceI3 de 10 pay ,,.''1a ~ & % ~
the forms Of law but that hey Vii attempt ~ 'iee @. as 20
set up in Tie presence Of tAe good people o ~, t! 'u
and thea bring collision and lay eec 20 te sai.onoats
the dc iactO force. is not ms incut 10 Ii ILs ID
tA Court brought who claim Pc night 10 e4cc
such powers is there precedent io s4SL eo.e ~" Doc
70 Ife ~ s OF KIN ee reod to iogcc 10 tara that
tween tie Board Of CommTsioncs ana any other
office OF the State Suppose CLERK Of the Court should De
removed and another party sworn IT, Con that Other party
while the seals and books in the possession OF MI Mace
open Office the other side Of the street ard ask ne com
uuny to call there and ansact tleir business ]. these
persons Commissioners dc re they must 90 before tie
courts and demonstrate that right why 1f, what are we
living under government Of force government Of law
II this collision should be permitted 10 take place what be-
Of the only court outhoTzedto ny criminal sateanos
this city There and the only case on record
where parties ont Of Office have undertaken 70 exercise their
functions and take possession by force eys ho question
BY the legal tribunals N9 loAg ago ne Judges o. we
upon their refusal TO give way 10 le loeefsos e go'yIo
OF Missouri did fOciy remove them from tie bcLch That
case has reviewed b the best legal minds Of the country
aud they decided unanimously that the action Of tic Gov
ep9I vas iuslgp. OIL yecalg ES fs3sf B4llo4i I1i
ae because there was 10 court DeoIe @le VIC ,n fu
be tried because vas reduced TO question o. hthy OF
order do not say whether thee men arg Volnstgfs!s
Agt Know ueie rs ole Dole ae N a., aN1 w ~
be dc e II is asked what authority US Co4f Las 70 ftcog
nze one OF these Boards the BOdo Commissioners dc Gc0
ask what authority has the Sheriff Of Baltimore 70 recognize
Of these Boards and epudate ne other Inc proper thing
was appeal the Sheriff with Lis posse bat 10 appeal 70
the Courts the State by writ Of Qo ante There cannot he
two Boards IN fact mon appointed to once ~ INC GGleo
must get into the Office and possess himself Of the implements
before commissioned in fact and be cannot get " by force
He must get IN BY law or not at mL ALa ~ nc lIgs %
get BY force and commissions other persons 10 L LIN ne is
city IRON pcfrom the threatening Luuders that murnlr
about to-day II provides that people shan soep Ieacc
Of faithful force competent preserve tlc peace ,.z
the ehusion Of blood in the settlement Of O. sSaEk
be decided BY law which ought 10 be decll $3.50.
due Difference TO the gentlemen on tie on 3
I Mir. z GR is again addressed the Corn 49, e -
question whether his clients 13s.t--s wa ka
question be first decided and IT could Lot Dc decided Lv
this Court The Governor has APPOINTED these men TO
Office and the General Assembly Is the only tribunal that
can review his action Their title is not subject 70 tins
Court any other The Incarceration Of these Conms-
missoners and this Sheriff WILL fear inevitably lead 10
open instruction in this city.
Mr. Maund-Would there have been instruction II the
ants had appealed 20 the COurtsl
Mr. Schey-Am 20 b. told that these officers should resort
10 the slow process OF law, and attain their rights through
mandamus o. quo or Ny opinion is that The who
have hitherto been acting Commissioner and Who
withstand law. and Commissioners after ucy have
been turned out viii be responsible oT any riot may result
There Court competent 20 review the decision Of the
Governor to delay suspend the execution Of the law
Mr. Maund States Attorney, followed with remarks Of
the same general tenor those Of Mr.. Stirling. He
sured the counsel for the prisoners that IN this they
must abide by the slow process Of the courts Of law
They mus either abide by the law they enaangeT