New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1866-11-14

IT, in his Judgment che complaint Of official misconduct has
ive not subject 10 appeal or review sny more than similar
Judgment passed by Che General Assembly removal BY the
removal by General Assembly Their powers under the
law identical and their decision alike final con
elusive, and binding and entitled TO the same ooea
ence. For parties thus removed 10 hold on with
strong hand and continue 20 exercise oiheiai
power 10 resist the rg authority Of the Governor and
nut the law M defiance il has seemed necessary TO de-
clare my opinion this question involved in the considera
ton the passed by the Criminal Court failure to com
Div with which alleged the return ground for de-
ienng these petitioners in prison Considering the order was
inand the parties TO prison hold them bail under it,
In the ease OF VIM Thompson the Sheriff the Criminal Court
passed the following order the order hiss already been puDshed
For the sane assigned in considering the order passed
in the Young and Valiant am Of opinion that this or
the Commitment dor il il not lawful OBTAINING the
petitioner II appears from The evidence nddueed peioe me
that against the Sheriff for being engaged IN an nnsw
mi assemble ront and riot &C. upon which he commedi In
default OF bail issued without any oath or affirmation con
tray the 10th article Of the declaration o. rights ana
being from the evidence that the same was not issued
view the commitment not lawful cause OF deianer zee
Conner agt The Commonwealth, Bnney o. IT - que 10 lhe
Sheriff SAY that the warrant had been regularly ssaeo
should be compelled 10 say, rom INC eN 'es
before that the charge il wholly Unsupported hno wIlou
probable BY the s6ih section OF the Ponce Jaw II ~
made duty Of the Sheriff whenever called for that purpose
by the Board TO set under their control or The preservation "
the public peace and quiet and II ordered by them 70 u
he shall the posse eonasu for the PURPOSE and
hold and employ such posse subject 10 TIER dree'9 s @
dsobeienee he subjected penalty Of 5000 The Sen
bound decide ri his peril 10 the ghn rover ana
authority Of Young and Valiant TO issue the order TO h anu
in nv Judgment no the discharge q his duty dis
obeyn and there being evidence that in orecng TIE
order be engaged IN any riot unlawful assembly ne
eanuot be held 10 answer ~ the petitioner Thompson VIII
ign order o his discharge and win also unaer The IN
section OF The 4 Article Of the Code sign order for the
disc barge Of Young Valiant upon their entering into
recoenizanees appear and in the proper Court
After the Judge had concluded Mr. Iatrooc arose ahd
SAID:
May please your Honor it is proper should say that the
proceeding by mandamus the part OF the Police tomn
siorers Young and Valiant whom yOu haze adndged 20 be
entitled 10 the franchise OF their office in order to obtain posses
sion Of the property and effects thereto belonging was tha
which their counsel had advised them 10 pursue from the
beginning and tho Commissioners and their counsel ahke re-
greet that the remarks msde by Mr. Valiant proved ny
Mesrs Feer and Ball and referred TO by your Honor and
which I'm authorized by Mr. Valiant 10 say bis own ex
cluiyey and made without the knowledge Of MF. Young,
should have rendered II necessary in your Honors Judgment
the COMM soucrs bail the charge Of conspiracy
peaceful Pc remedy Ine Would have lawfully c even Ind yoa
Hoor opinion in this connection not been expressed nsnda
would have been rcsoltcd it win be esored 70 IL
necessary obtain the property aud effects belonging 20 the
Board Of Police The Commissioners viii az once give their
rccoguilanccs in the sum prescribed.
While the Counsel for tho petitioners preparing
the necessary papers AIR Alexander rose and sad;
The counsel fur the Commissioners the Board Of Police ak
permission state that they advised the Commissioners that
Commissioners and IN consequence Of this ndyiee
thai the Commissioners resolved 20 retain Office ur tho cues
sae further That on being informed Of the declaration, made
by Mr. Valiant which were proven by Mcssrs Fuller and nan
ihcy advised the Commissioners that sneh decaios were
evidence OF conspiracy which Mcsss Valiant and Young
might be held 10 answer before the Criminal Court OF
said Commissioners 10 lay the e,idcBce Of such
declarations before the state Attorney for the city IN order
tina; be should take such action thereon as he might think nce
say for maintaining the peace OF the city Making tbs state
met the counsel ash leave TO dsclam any purpose Of joining
issue With your Honor upon any one Of the positions assumed
in the opinion your Honor has Just delivered They simply de
sire place themselves rightly before yo Honor and the
Mr. IIorwiiz then drew the form for the release OF
Sheriff Thompson, which signed by the Judge and Is
as follows;
t,as CoryuOrdrrl this 18th day OF No,emhor is' y me
that Mr. Thompson be add he Is hereby asehaEseI o hs
of
his deteniion
Judge Of the Court Of Appeals Of Maryland
Mr. iarobe prepared the orders Tor the discharge OF
tho Commissioners, Messrs Young and Valiant Under
the direction of the Court the Copy Of the order IN the
Of Mr. Valiant given, thai Of Mr. fouhgs being m
al respects similar
Ia ne marer q NJ petition NJ william valiant fer habeas
iad-Orcrcd this 18th day 81 November IN the 200 that
the jail 81 Baltimore y on commitment default Of bail
in the Of coo and that he be discharged from the same
custody under The commitment The order requiring bail In
the 81 $1,000 upon bis boud recognance m the
600 conditioned for his appearance before the Cn
inn Court ~ Baltimore City 20 answer the charge VI con
spracy therein pending against Inn.
Judge Of the Court Of Appeals OF Maryland.
The bond required by the above order has been given
Signed JOs. l.. BARIoi-
No, 3D. stS
The bond entered into by the Commissioners 10 answer
the charge Of conspiracy upon their reoognizance is
40 follows, both being similar;
Know al meu by these presents that James Young am
held firmly bound State Of Maryland in the sum Of
5000 10 b. paid TO the said state or 10 Us certain attorney to
which payment will and ought truly TO be made and done
hnd myself heirs and administrators firmly by
these presents Sealed with seal and dated this i2th day oi
November roo The condition OF thg above oo snon Is seen
the criminal Cont OF Baimorr toe charge 81
spney therein pending against him shall be void and OF no
Signed, sealed delivered IN presence Of James Barto
ACTION OF TIE NEW POLICE COMMISSIONERS.
The new Police Commissioners this afternoon served
another legal notice on the old Board OF Commissioners
10 surrender all property their charge, and also notified
Mayor Chapman to attend meeting OF the Board at ,
O'Clock. Subsequently they issued the following'
CowussoNfH. or THE BoAED of Pol'E
BALTIMORE err. No. NoRfHsr., Nov. H. lst6
The Marshal and other ohccrs OF the police Of Baltimore
City and a the moncs Of the existing police IN SAID city are
have cmanacd from the late Boar Of Police Of SAID eiy since
o'clock Tuesday afternoon or any orders that may emanale
entered upon performance OF their duties COmmss0
OF Police and there other authority which can lawfully
act as a Board OF Police In said city.
Person. Interested are required their peril TO obey this
order. JANIS fotNG Police
Mayor Chapman did not accept the invitation OF the
new Police Commissioners 10 attend their meeting
this evening but it is probable he viii do so to-
morrow. Marshal Carmichael aud his deputy,
together with the detectives belonging 10 the
force have responded to the summons OF tho new
Commissioners and Marshal Carmichael will report TO the
new Board Tor orders Tomorrow morning Inc new lom-
msones have announced that IL is not their intention TO
make any changes the present force except IN cases ot
miscondct and unlness aud propose TO accept he SER
vices Of all the members OF the old force who are Wiling 10
DO duty under them.
n is not known what course the old Board will now
pursue Whether they viii accept the situation and re.
gard themselves lawfully displaced or further contest
the question before the Courts, is not known Should
hsy refuse TO surrender the properly funds, &c held by
them as Commissioners, The Board VIII resort 10 msh-
dsnus The present position Of this affair causes no exc
element and all parties disposed to regard the De-
cision Ia day ~ final settlement OF the difieulty
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EDUCA TON.