, 1873-07-19
THE DANA CASE.
Judge Rlntchford7s Dccisi0ns
From The Helo Fork Sun, July II.

udgo Dletohfora-Has counsel anything fur
ther to sny2
Mr. Barslott-My loarnca associate, Judge
Bhipruan, will presont more at length tho ques-
tons on which I have lightly touched. have
skinmod The mountain tops. Ho will descend
into the depths Of the ynlloys and bring up Bomo
further trlthH.
E1-Judge shipman sat still.
Judge Blatchiord- tho District-Attornoy
anything more to prcsont
hIr. DlisB-Our case is closed, your Honor.
Judge Blatchford in his decision sustained
h1r. Dartlott in all his points. He said: ~ am
eutire1y satisfied that cannot grant this war
rant The net Of CongroBa creating this courtla
utterly void aud unconstitutional [applausel, and
therefore doclno to grant it,"
hrr: Blisa (with pallid amilo)-Wi1l your
Honor allow me- =,
Judge D]atclford-r don't think You can
change my opinion. [Ronowed applauao.l Tho
Constitution Of tho United States expressly
be by jury. It ia impossible to get over that
oau8o. It is entirely clear i'll this caBe, as un-
derstatd it, TINT this application for warrant to
tho Commissioner is based solely Oh this infor-
trict Of Columbia, this information being The
solo evidence That the Commissioner had before
him.
Alr. Bliss lin u cold porBpirntion)- COM
plant that hantlel your Honor
:. Judge Datchrord- But in tho complaint 1t is
stated tlat it tried ie is to bo tried in tho Poco
Court.
Mr. Dliss-Wo admit 1t. II tho warrant be
issued no would be tried in tho Police Court
h1r. Bliss chastity seizing three law books)-.1
oan show your Honor tint tue courta Of Ohio,
Pennsylvania, indiana, aud California have hold
that q provision establishing D polico Court Of
thfa kind in constitutional, and tue Supreme
giving tho opinion, goes liborally into tile qneA
ton, and held that where Tho right of tral by
Jury waH secured finally. that was all the OonAti-
tuition required. It Iaa boon decidca in tho su
promo Court OF the District Of Columbia, oil an
atitNtioral.
Judge Datohford- d-It cannot bo possible.
Mr. Dartlott-1t IL not possible.
Judge Blatchtord-lt yiolato Oh tho fundamental
principles OF tho Government Of tue United
S!atos. Prolonged applaubo.l There must be
no demonstration in court.
Ex-Jugo shll,man-Jutlgo Shaw, Of Massachu-
sotts. lnay hayo affirmed tho juristllotion OF tho
wl1ro you leave FREQ and untottoroa tho right
of apponl. AB it WAS, tho cnEo wan decided by
divided Court. Tho provision IN tho Masuacllu-
aotts stato Constitution m9y ha similar to tho
hut IL not Bimilar to tho cla1Ho In tho original
article which has been quoted.
Judge Dlatcllford--I refer to the clau8e In tho
original Constitution. Even assuming tint tho
boon tried by jury it il woll known that libela
have always boon triod by Jury. Therefore, ~
far uB understand, It il impoHsille, unless
override tho Constitution OF tho Unitol Statos
aud yiolato my oatA Of Office, to grant the war
rant aBkod for in tllis caso.
don't moan to aay tlat this Court at Wash
ington may not 10 competent to try amall nR-
Halllts and batterieB, and petty arcenleB. Wo
know that from time immomorial' there hayo
boon Ruoll Courts VI Special aessions, and
know myself what a reliot 1t would 10 to tho
CourtH Of tho Unisel States 1t they vera not
compelled to try everything, no matter how