The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1866-11-14
FgR BALTINORR POLlCR COaMESsI0KERs.


Commissioners and not TO seek to exercise any of
the functions of the Police Commissioners until
their claim TO said office would be established by
the courts, was wholly unwarranted, and that the
Judge of the Criminal Court had no authorize to
pass such an order. He reviewed the code in re.
gard to the Police Commissioners, and decided that
II gave the Governor entire power in the matter
That If, in his judgment, Messrs Woods and
Hindes had been guilty OF official misconduct, the
Successors. That at the time Messrs. Young and
Valiant were arrested they had been truly and
lawfully appointed Police Commissioners, and
that ciothed with the commission of the Cover
nor, they were then truly in Office and empowered
TO rigntfully exercise all functions Of the same, in
the place OF Messrs. Woods and Hindes, removed,
and who had been officially notified Of their re-
The action of the Governor was final as much
SO as II these Commissioners had been removed by
the Legislature, and from his action there could be
Whilst the decision Of Judge BartoI fully sus-
tains the action of the Governor and condemns that
OF the Criminal Court, virtually, by the order
lssued granting an injunction against Messrs
Young and Valiant, and discharges them from the
custody in which they were held in virtue of the
commitment or such order, the Judge decided that
II was competent for the Criminal Court TO enter
tain the charge alleged against Messrs. Young and
valiant of conspiracy to break the peace by torci
bly, taking possession of the police stations and
other property held by Messrs. Woods and Hindes.
Such charge was an indictable offence, and upon
Judge BartoI said he would issue an order for
the immediate discharge of Sheriff Thompson and
in the case of Messrs. Young and Valiant he dis
charged them from custody under the illegal order
OF Judge Bond, restraining them from seeking to
exercise the functions of their office as Police Com
missioners, and as to the other charge of couspi-
racy TO break the peace, he would require them TO
enter their own recognizances to answer the charge
before the proper court.
There was great cheering in the courtroom by
the friends of the Governor and the new Commits
sioneTs on the decision being announced.
4P. M.-There is quite throng of people in
front OF the office selected by the Police Com
missioners, on North street. 1t is supposed the
new Commissioners will at once tier upon their
duties, and renew their demand upon the old
Board for the surrender OF the police stations, etc
Messrs Young and Valiant, on entering their
Office few moments since, were loudly cheered
by the crowd.
The following is the opinion of Judge Bartol in
full:
In the matter of the application of James Young,
William Thomas Valiant and Wm Thomson for
writs of habeas corpus. Under the code of public
general laws jurisdiction and power are conferred
on me, as one Of the judges of the Court of APP
peals, TO grant the writ of habeas corpus. Article
43, section l. BY the 18th section OF the said article
any Judge, whether in court or out of court, who
shall refuse the writ to party entitled is made
liable TO the action of the party aggreved This
great writ, employed for the summary vindication
OF the right OF personal liberty when illegally
strained, is guaranteed every citizen in the
solemn form, under the constitution and laws, as
writ of right, which no judge is at liberty to
tnse IN any case where by law the petitioner is en-
BY the act of 1862 chapter 80, which repealed
tne third SECTION OF article 10 Of the code, 1t was
enacteda ''If any peasou be committed or detained
for any crime, or any color pretence whatso-
ever, he, or any one in his behalf, may complain
toned in the first section of this article, and said
court or Judge shall forthwith grant writ of
habeas corpus directed to the officer other per-
SON in whose custody the party detained shall be,
returnahle Immediately before the said court or
Judge granting the same provided the person de-
tanned be not committed or detained tor treason or
felony, plainly expressed in the warrant of COM
mitment, or be not convicted in execution by legal
process
The act then goes on to provide that if person
be detained under the order of q warrant of COM
mitment, the petition presented by him shall be
hl q ~ aNrTa. fNf,,
ment or detainer, or by an affidavit that a copy
thereof was demanded of the person having him
in custody, and the same was neglected or refused
10 be given. In these the petitions were ac-
companied with copies of the warrants of commit
ments, certified by the clerk of the Criminal Court
of Baltimore and the causes OF the detention not
appearing TO be within the exceptions of the act of
1863, the writs were issued. They have been
turned by the warden, and the petitioners brought
before me, with this certificate, setting forth the
causes of detainer and imprisonment These it
Will be my duty to examine, but before doing so
il is necessary to notice point suggested by the
petitioners counsel. Two of the copies of commit
ments furnished by the clerk, and filed before me
with the petitions, were as follows:
Commitments were then read and q commit
Inent in the same words OF William Thomson by
Samuel Sparkln, Coroner)
In these commitments the offences charged,
which the parties We're respectively required to
answer, are not stated. With the return Of the
Warden are filed the following, marked on the
margin, "Amended commitments, Nov. 5th, 1866"
The commitments against Sheriff Thomson
were also read, which have been published.
This may be true, but it must be remembered we
are mere dealing Win tDe proceedings OF q court
OF record, and to the records of the Court the
Warden refers in verificaton of the truth of his
return. The records have been produced, and con-
form to the return in this particular II the
charges upon which the parties were arrested
were stated in the original warrants, and respect
lively appear upon the records of the Court, 1t is
not necessary they should be stated in the war
rants OF commitment.
In Burns ms 6Oi, it is said that in a commit
ment by the sessions or other court of record the
record itself, or the memorial thereof which may
at any time be entered OF record, is Sufficient,
without any warrant under seal. Here the first
commitment in general words in default of bail to
appear and answer must be intended to refer to
the onence charged in the original warrant OF ar
rest and appearing the records of the court, and
TO amend the warrant of commitment afterwards
by truly stating therein the offence charged is not
in any sense committing the party for new and
different offence. This objection to the return is
not sustained and my duJy is TO deal with them
the light OF the evidence addressed, and to de-
termine whether for any and for what cause al
legged the petitioners are lawfully detained and TO
decide whether they are entitled 10 be discharged
with or without ball
proceed now to consider the legal effect of the
returns and to decide how far they are conclusive
under the laws OF Maryland regulating proceed
ings under these writs. In passing upon this
question, it seems to me altogether immaterial to
consider what may have been the power OF the
court acting under the writ at the common law, or
the power OF the judge under the statute of 3lst
Charles II. Our act of 1902 chap 125, was in its
terms like the statute OF CHARLES, and If i were
now governed by the provisions of the act of 1909,
many OF the authorities cited in argument by the
respondents counsel would be conclusive and
binding upon me- but the provisions of the act of
1919 were materially changed by the act of 1913,
cnap. l75, and by the code which last, although
not in the identical words, consider the same in
construction and effect the act of 1915.
Mr.. Hurd, in his work on the habeas corpus,
alLer stating the various decisions of the English
Courts under the statute of Charles, and the con
nlct OF opinion among the Judges To its true
CONSTRUCTION concludes as the result of the whole
"JnaI IN commitments for criminal orSuppOsed
criminal matters the truth of the facts stated in