Evening star. [volume] (Washington, D.C.) 1854-1972, 1866-08-14

District He next read from page So Of the
sane sane volume 1 eontenains ma the power con-
only He thought that the Superintendent had
inside grave mistake, and asked, Is the police
70 usurp this power over the CITIZEN, Of saying
what he should have charged
The Superintendent Is a ministerial oricer.
bat he admitted that under the act Of July
lSo2' ne could act as Jusuce OF the peace.
The question was whether the Superin tendent
had any right 70 make the demand. The Of
fence was not committed here. nor was the ar
rest made here. The Superintendent had no
power or authority 20 commit Hotchkiss %
Jail. He then referred TO the fact thar the COM
mitment was for an unlimited period, and resd
from 5th Barnwell and Raiston. page s9i, IN
the hing against james. James was commit
ted fo- a contempt, the warrant being similar 60
THIS, IN that no time was specihed-ln which IL
wss held that the warrant could not be sus-
tanned. "A somewhat similar case in 18th Fast.
page lil, was also read. In conclusion he
asked that Hctchkiss should be discharged, ON
the ground that the Superintendent had no
night 10 commit him TO jail, and that the com
mltment being for an indefinite period. could
not be held good
Mr.. Bradley here called the attention of the
Judge TO the fact that the proper commitment
was not IN court; that a second commitment
was given on Sunday last Mr.. Bradley said
that the counsel h d not quoted the law OF
July sd 1e66, and he referred TO section :
Vhlcn provides that all persons practicIng the
business OF detectives outside the police shall
obtain authority from the Board and shall
give oond, sno makes provision that arrests
station, and the laws and regulations - tho
force shall be applicable 10 them. These men
(constables) being of A class whose business As
restricted To- civil business by law canno, ST.
tempt 10 practice the vocation OF DETECTIVES
for which they are not legally qualified By
what authority does he (Mr. Hoicnkissh
pocket this money, over 20 per cent OF the
amount taken Mr.. Bradley argued thai by
law the superintendent is obliged 20 sac that
the proceeds OF CRIME are paid over 20 the
Property Clerk OF the Metropolitan Police
and that the Mr. a.
veloped sCandalous ease Mr. r. here
stated the facts ia the case al length II is
salo that the commitment is defective because
no time IL specified.
Mr.. IL. read from 4th Statutes at Large mage
-, arguing that the court bN which the pc
titioner was committed was one of the courts
created BY the law. and II was the duty OF the
court 10 commit him for contempt lie was
committed until discharged by due course of
Jaw III the court which committed him did go
legally. then there is no authority 10 iuouire
INTO the causes which led 10 the commitment
but ne must remain untilf discharged nv ne
proper court, viz; the court BY which be was
committed.
Judge Fisher said he would like the follow
ing points to be discusse list Has a Justice
OF me Peace or the Superintendent OF Police
acting as such, the power 10 commit a private
detective for contempt in refusing 10 obey his
mandate I'd. IL he has, then has a Justice or
the Superintendent the power 10 look behind
ne commitment. Sd II he can look behind
the commitment has any CONTEMPT been com
mltted, provided the act Of larceny involved
was done outside the District. and ske property
taken from the .hIeves outside the District and
both property ana thieves brought within AZ
ith. Is the want OF Limitation Of time IN the
commitment fatal 10 it!
hr. Bradley said he maintained that JUSTICES
OF the peace, including the Superinter dent
mad power 10 commit for contempt: that JUS
tlce OF the supreme Court had N o power. when
sIl,ihg IN a hdCeds corpus case, TO look behind
the commitment that there was cou,empt
committed even though the arrest was made
out of the District
Mr.. Norris followed. arguing that no offence
Ddu btPn committed against the Sup't of Po-
nee The commitment was false and defective
IN that 4: does Tot state what mandate of the
court was disregarded The superintendent
might as well issue commitment for auy
other citizen il he should refuse 10 give nm \
sum OF money. II the doctrine, a. stated on
the other side. held good. the Superintendent
would have jurisdiction over every man in
the country. man nav be arrested in MARY
land, charged with larceny. and being Charged.
may agree TO go with the party arrestfng him
ana on arriving in Washington the detectives
may take the person who has the money in ms
possession before Superintendent Richards TO
whom he refuses 10 give AZ mp, aud be commit
ted for contempt. He here read the eth sectiop
OF the act or July, l,66, and stated that there
sons.
Mr. Norris referred TO the answer made by
HotchkIss ssairzg why he could not paw over
the money and the tender made OF a portion
ana stated that in a case before udge Dunlop
lew years since, he decided that there was
no contempt committed when a man is unable
10 pay. Hotchkiss had done all in his power
70 purge himself Of contempt, and in this case
ne mad acted most honorably. He argued that,
the members OF the police were controlled nv
the superintendent. but not the county con-
stables No person could commit a contempt
before him excepting those under his author
n.y. unless II be by a breach Of the peace He
Always mad doubts as 10 the power of justices
OF me peace 10 commit parties for contempt
The counsel furpIshed authorities on the
questions asked by the Judge, and the Juoga
stated that IL being an important case he world
consider IL. and announce his decision Al ten
O'Clock Tomorrow morning.
PREsENTATIoN.-On Saturday evening, Mr.
WIN ID Wise was the recipient of handsome
gold watch, seal, fob-guard. &c., OF American
manufacture, from the employees of Washing
ton Arsenal extension The presentation
speech was made by Mr.. John James Calvert
engineer OF the dredger '-Susquehanna" He
aIiuded with feeling TO the uniform Kindness
WI, " Use mad always manifested towards those
under ms supervision, as also TO the fact that
Mr. w. had always been devoted TO the inter-
ests OF the community. Mr.. Wise responded
at some length, thanking the donors for this
testimonial of their appreciation The EN-
pioyees were then invited TO partake of q COL
lauon AT "Tul ner Hall, where a pleasant time
was mad until the sswatch" indicated that SIM
day morning was approaching. Speeches
were made by Sergeant Campbell. Mr. VIM
T. Wise, Mr.. William Brannon. and others