The national Republican., 1866-08-16
Aation.,l gtpablifan,
LOCAL NEWS.

THE CoNprlcr o. AUTHORITY CAsE.-Yes
to-day Jsdss Rishsf dstivsrsd bis opinion In ths
oass cf Gscfss y. Hssshkiss before The Cours On I
wiz q s;s. adam ssv1; e y.ss: 81 F:s:, ss :..s
sstusi ~ kis ssunssl, 0r. Norris snd NJ. II
dsh. o. four grelnAs--lst That thsrs 4 ID povs,
h Moor hishards The Supsfintssdsnt Of the Me
uupstltau Police, y commit ths prisoner for con.
Temp bsesa's. adnii.lag him TO be an osesr Q,
jsstse Of The psaes. sll The power of justiss 70
commit for eon,smpt dld not exist ct common law.
nor has y besn vested In the magistrats by any
enaetmsnt OF Ccnsrsss, or Of the LsRisIstsrs ci
MAryiAnd, %. supposns Major Richards 70 pos.
ssss me power Of committing for contempt one Of
bsiss an ofhcer amenabls to his ordsp, vas not
bo.nd 70 obey his order TO produce money which b
had taken beyond the limits Of the District fton
parties charged with the larceny thereof beyond
such limita Sd. That even admitting hs had the
powsrto commit nj Tor eo.senpt one Who vas not .
der, still the commitmsnt Il detective upon i fass
In being uulimtsd ~ TO the time during which The
relator was to remain In prison. lth. That Il d
defective. also, IN that u does not show In What
the alleged sontsnpt committed.
On IL. part Of the defendant, Il vas argued By
Mr. Bradley, j., lst. That the power Of jsstiss
TO lmprison for contempt sxistsd at common law,
which vas In fores In this District especially when
the oicer Of the Justice refused to obey bis order
%. That though the rslator b not member sf the
The Experimentation for neglect or refusal TO dis.
ehsrss hls duty or TO obey The mandates ofths 3u.
psrintsndsnt, yet By virtue Of the 7h section Of
the act Of Cougrsss Of the asa July. 1ses, every
psnon pursains The businsss Of detective, ,wbsthcr
By regular appointment or without u, upon makina
an arrest ofs party alleged to bs guilty Of orinc,
n sinmsdistsly to bring the alleged offender, with
whatever property he may have taken Into his pos-
spssion from the accused to the oos Of the Super.
intsndsnt Of iiee, TO BE- deposited with the prop
arrestsd the alleged offenders and received the
sto!sp property from them, and had ssnt
eighty per cont thereof 10 The parties claim.
Ing 70 have lost II. retained twenty per cent
for bis services In recovering IT, that he was or
dersd BY the Superintendent to deliver to him he
said 20 per cent about $600-snd failing 70 do 90,
the Superintendent committed him 10 jail for con.
tempt In disobeying that order. 3D. That II IL not
necessary that the commitment should disclose the
fsets which constitute the contempt. II 10 suiolsnt
that u show that the Superintendent convietsd him
BY bis own adjudication Of the eontsupt, without
further disclosure. 4th. That The want Of limi.s.
tion OF the time Of imprisonment was not material
for that, inasmuch ~ thls was case Of committing
for contempt, not as punishmsnt for an act done
and ended, but to enforce the performance Of q
duty which the law snjoinsd upon the rslator, II
was lawful TO imprison him indefinitely, or until
hs should purge himself Of the contempt Of which
be vas guilty BY compliance With tie order, In
which event be would bs discharged by das course
Of law. bth That In case Of xabeas eevyus the
Judge cannot look behind the eommitmsht Of .
court having oompetsnt Jurisdiction.
II Is true, as general rule, that commitment
for contempt cannot properly be examined into BY
any other court or Judge than the one who awarded
u, especially whom ih propristy IL sought 10 be
qusstionsd upon writ Of Aa6cas cqryni. since the
question to the validity Of The Judgment Of The
not By vsy Of review. Nevertheless, Il 10 . great
prsroEativs writ, the object Of which Il to susrd
sgainst oppression and Il s the duty Of the court
OF judge before which the hearing on the kabsas
eoypw 10 had to inform himself at the outset
whsthsr ths committing court ID . court having
eompstsnt Jurisdiction to render Judgment cf
contempt, and II Of competent Jurisdiction for that
purposs 10 show whether the Jurisdiction has been
sxessdsd; for n the facts in the case BE- plaialy
such - make II one over which the eomnittine
court could not exercise isvful juri:detion. the
judgment Of contempt must necessarily be unlawful
whsthsr the alleged offender has really committed
the act charged - contempt IL also question
which will bs eonclusvely determined by the judg.
mont Of the court before whom Il 10 alleged to have
besn committed; and 30 II the act BE- an squivocsl
one. harmless or criminal, according to its sur
roundings, Its innocsncs or oulpsbty is to bs de-
tsrmined BY the court committing the ALLEGED Of.
fender. Il Is not contended that tho supsrintsnd.
snt Of police has any larger powers In case Of this
sort than are conferred by lay upon . justice: d
one, and in case Of ha5eas corpus, as we'll As in
appeal estiorar II 10 the duty Of the judge hav.
Ing the to inquire, first Of a whether the jus-
tic. has acted within the limits Of his Jurisdiction
H. In this case tho Superintendent Of Police had
clear and unquestionsd Jurisdiction over George r.
Hotchkiss, the relator, tho same Is though be had
been member of his police force, and If the prop
erty alleged 10 have been taken by said refator
frdA the parties who arc charged with having
stolen II, had been stolen by them within the Dis.
trict Of Columbia, and had within the District been
ak.n fr,s, Shso sh.ts 49, 49, q
he had disobeysd the order Of the Superintendent
TO deliver to him the fruits Of the orime, am Of
opinion II would have been competent for the Su-
psrintsndent acting In the capacity Of magistrate,
to have sent him to prison for the contempt Of such
disobedience, though he might have had no author.
ity for 30 doing at common law, or BY any act Of
Congress clothing him with such express authority
For although some Of tho ahsst judges In England
hsye hesitated 10 express an opinion ~ % tho
power Of Justice Of the psacs at common law to
commit for contempt, yet, By an act Of Assembly
Of Maryland, passed In 17l9 and still in force In
this District BY virtue Of the provisions Of the act
Of Congress, passed February ~, 1901, Justices
have special power conferred upon them to punish
any persons who may contsmn their authority with.
out formality Of law, BY hns or imprisonment, or
by sitting In the stocks, at their discretion; pro-
vided the dns do not exceed 1000 lbs. of tobacco
Or the imprisonment do not exceed two days or the
"sitting In the stoclfs" do not exceed two hours
u 70 needless for me to say what the common law
was In reference to the subject Of the power OF .
Justice to commit for contempt. II that power did
exist, II has been limited BY the sct Of Inc; II II
did not IL was conferred by that aot TO the extent
therein provided.
In this case. however, II is admitted in the argu.
mont that tho stolen property was taken In New
York whence the thieves made their escape into
the State Of Maryland, whore they were spprs.
hended by the rslator, and where tho stolen mohsy
snd other property were taken from them by him
brought into this District and four.ffths thsrsof
returned to New York by Adams Express Com.
pany, and tho remaining 6fth kept by him as com.
pensaon for his own services and those Of his ss.
sistants In recovering the property. As supsrin.
tsndsnt Of Police In this District, Major Richards
has no more power to take notice Of . case. where
property 10 taken from an alleged thief outside It,
limits than any gentleman rssiding hsrs In private
life. The thsft, " any, wa not committed In his
Jurisdiction, nor alleged stolen property brought
here BY the thieves. or, fit were brought here by
them, II was not discovered on them or taken from
them until they we're beyond the limits Of bis juris
dictlon. The same reasoning that would give him
jursdotion Of this case would confer upon him the
power to bring before him suy detective residing
In Maine, who might, In that State, arrest thief
and take from him property stolen in Nss Orleans,
H. on his way to the latter place 10 return the prop
srty to It's owner, he should bs unfortunate enough
to stop here ten minutes for rsfrsshmsnts. More.