Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-08-15

euce, though ne might have had no authority
for 60 dong al common law, or by any act o.
Congress clothing him with such express Nu-
thoriy. For although some OF the ahiest
Judges IN England have hrsitaied 20 express
an opinion as 20 the power or lustlce OF the
peace a. common law 20 commit Tor contempt
vet, by an act OF Assembly OF Maryland. passed
IN l7la. and stlll in force in this District, hy
virtue CO the provisions OF the act OF Congress,
passed February 9th. 1901, Justces nave spe-
cal power conferred upon them topurlsh auy
persons who may Couiemn their authority
without formality OF law, by fine OF tnrri,on-
ment, or by setting n the STOCKS a. their dl~-
creiion; provided the fine do not exceed LOO
lbs. o. tobacco, or the imprisonment DO no. eN-
coed two days, or the sitting in the stocks d.
rot exceed two hours. II rs needless for me -
say what the commo lsw was in reference %
the subject OF the power OF a Justice 10 COM
nit tor contempt Ii that power dad exist. O.
has been limited by the act OF 1910 AZ ~ did no.,
IL wss conferred by that act 20 the extent there
IA provided.
In tins case. however, II Is admitted in the
argument that the stolen property was taken
IN New York whence the thieves made their
eScape IN the State OF Maryland. where they
were apprehended by the relator. and where
the stolen money and other property were
taken from tlfm nv him. brought into thu
district, and iOur-ffths thereof returned -
New York by Adams Express Company, AZ 4
the remaining fifth kept by him r. cOmpensS-
ton for hi own services and those OF h
assistants m recovering the property. a
superintendent Of Police n tins nls'ylr'.
MAJOR Richards has no more power 90
take notice OF n where properly I,
taken from an alleged thief outside us limits,
than any gentleman residing here an prI-
yate life. The theft, If any, was no.
committed in his jurisdiction. nor alleged
stolen property brought here by the thieNes.
or, If II Were brought here by them. n wa not
discovered on them or taken from then, until
they Were beyond the limits of his IugssdIe'lN1.
The same reasoning that would give h;m M
TsdICtIon OF this case would confe- upon him
the power TO bring before him any datel ..Na
residing N Maine who might. an that Sia,a. a.
rest thief. and take from HIM property s'olea
an New Orleans. II, on his WAY 10 the la';er
place 20 return the property 70 its owner h
should be unfortunate enough 10 stop here ten
minutes for refreshments. Moreover adm
| ting the right OF the Superintendent TO i'm
prison the TelatoT at all, the latte had already
been IN prison, when the apple alton VA,
made for The writ, a longer period than Is au-
thOrl2ed by law, which limits II 10 two day,
! L purpOsely abstain from attempting auy
construction of the eth section Ell the act ~.
| Congress of the 23d OF July. l-6b. because th.
facts IEyoly ed here do net present a case re-
curing it and because, owing TO she doubt aud
obScurlty of ITS language, 1 confess mysei.
nabe. in the limired time afforded me 10. 'hl-
investigation, to arrive at apy settled OPINION
rs to its true meaning and pu rpoTt.
II rs SUN cient that the superintendent acta
ton, and that If he had the 10 Jyer TO imprI>on
for contempt al all, the life OF powcr ex-
pred by limitato of law two days after the
prisoner was committed 90 the CUSTODY of tn
warden. IL Is, the refore, ordered that the sad
George r. Ho:chkiss be DISCHARGED from a! 3
imprisonment under the commitment OF To /,
Superintendent OF Police.