Daily Ohio statesman. [volume] (Columbus, Ohio) 1855-1870, 1866-11-14

FROM BALTIMoR E.
Decision In the Ha beas Corpus Case
The Governor Sustained.


BALTIMORE, Nov. l3.-Judge Bartol has
just rendered his decision in the habeas
corpus case, sustaining the power of Gov
ernOr Swami to remove the Commissioners
of Police. There was great cheering IN the
court room on the announcement of the
decision. His decision reviews the whole
case. He says the order Of Judge Bond, of
the Criminal Court, that the:parties be held
to bail, and In default to be committed to
keep the peace against the Police Commits
sioners and not TO seek to exercise any OF
the functions of Police Commissioners un-
til their claim to such office should be
established by the court, was wholly un-
warranted, and that the Judges Of the
Criminal Court had no authority to issue
such an order. He reviewed the code in
regard to Police Commissioners. and
decided that it gave. the Governor en-
tire power in the matter. That II, In his
judgment, Messrs. Woods and Kinds had
been guilty OF official misconduct the law
gave him power to remove them and ap-
point successors. That at the time Messrs.
Valiant and Young were arrested they had
been truly and lawfully appointed Police
Commissioners, and that, clothed with the
commission OF the Governor, they were
then truly in Office and empowered to right
fully exercise all the functions OF the same,
In place of Woods and IIinds. removed,
and who had been officially notified of the
removal. The action of the Governor was
final, as much SO as If those Commissioners
had been removed by the Legislature, and
from his action there could be no appeal.
Whilst the decision of Judge Bartol fully
sustains the action of the Governor and
condemns that of the Criminal Court in
virtually granting an injunction against
Messrs. Young and Valiant by the order
issued, and discharging them from the Gus
tody in which they were held in virtue of
the commitment on such order, the Judge
decided that it was competent for the Grim
inal Court to entertain The charge alleged
against Young aud Valiant, of conspiring
to break the peace by forcibly taking pos
session of the police stations and other
property held by Messrs. Woods and Kinds.
Such charge was an inGictable offense,
and upon that charge they were properly
held to bail. Judge Bartol said he would
issue an order for the immediate discharge
of Sheriff Thompson, and in the case OF
Messrs. Young aud Valiant he discharged
them from custody under the Illegal order
of Judge Bond restraining them from
seeking to exercise the functions of their
office as Police Commissioners. But a. to
the other charge of conspiracy to break the
peace, he would require them to enter their
own recognizances to answer the charge
before the proper court.
Gen. Grant I'm TOWn-The New Com.
misSIOners.
BALTIMORE. Nov. l3.-Gen. Grant is in
town to attend the horse fair. He is the
guest of Judge Bond.
1t is supp used the new Commissioners
will at once enter upon their duties, and
renew their demand upon the old Board for
the surrender of the police stations, &c.
Messrs. Young and Valiant, on entering
their Office few moments ago, were loudly
cheered by the crowd.