, 1873-08-28
FUDGE D00LlTTLE ARRESTED,
A Conflict Between tho State and Fod-
eraI Courts. =
Judge Blodgett snubbed by the
Peoria Circuit Court.
Ex-senator Doolittle Arrested for Al
legged Contempt Of Court.
Opinions Of Opposing Attorneys and Other
Eminent Attorneys.

Opfnfons OF ODposfng Attorneys and Other
Em,nopt Aftornava.
So.
A most surprising turn Of affairs In tho Tice-
meteor caao occurred day before yesterday, by
tho action Of tho Circuit Court Of Peoria County
In isBuing IN attachment for tho poraons of
Judge ]. Il. poolittle, Of this city aud Mr. fsaap
P. Tico, OF Nov York, for alleged contempt Of
court. The shorif Of Cook County reccivodth
writ On Tuosday, and tho distinguished prisoners
loft for pooria In charge Of Mr.. Bradley about
o'e]ook In tho evening They wore last aeen
casting dospniring 8lauoos In tho direction Of
Judge Blodgott'a court. -
The long threatened: conflict botwoon tho
United statoa Courts and the stato. Courts Ia
thus fairly inaugu1atod, and tho preliminary
skir1niHl has certainly brought out Bomo big
guns. Tho result cannot bo anticipated ~ yot,
nor can any action DO takon In tho United statos
Court until Judge Blodgett's return to tho city.
~ 49,. 4, 1oo~<, +hn 1,rav.f1,,o foo,i,o nnorr+.
1avora roat;vo to T Tho merits Of tho oaso in tlts
eee a Of @ vol us as to't to the % @
feBBonal point involved in the arrest Of Judge.
Doo1ltilo. : the attorney representing rice. our
, rna ] srn,Sa ,sr rnoa 1onrosont,na @ Ja
Iopotso1 caiaea -. .no -" asoI., .
tne pafues IN 1nls cltys ano upon bo'ei"t VI sno
other most prominent chicago la~yors. Tho
fact OF the arrcat having takon place wae, In
.nost instances. first announced by our reportor
to Tho gont1aman fnteryIowod. and their oninion
sno son'ten oIaon
requested. AS to the proceedtnga Whfch would now
he instituted to release Moasrs Tico and Doolitto
from t,,ranca vile several opinions woro eiyep,
pus oss =. snoso W "no ~ 'no uaoss.on ,,s nus
put soomoa 70 eon8iaoe u Luz hno3'y Pfop'oul
to bo anawcrod at ton minutos' notice, and
t'gnve It up1
.,ol. @ .a~svt ..ssa, t, m,ain+;w NJ na,.t.
- .u16n. oslunS w P'"na'' ~ o"
Farrell Mr: Emery the other oeiendant
and their respective attorneys. and hold
,.,t,, 49, ,r5a. - ~ atoto co,,rt 4,
WIN sn' oloof " sno e.a1o oouit' ,,,., ~
tho Same way that Mr. lice ana Judge uoohtslo
had boon arrosted for not having complied with
inn tho matter In a 7oaofte ;sHna' Anotber
-. - 1s-.ea, .1,..,.ht 49,. T,,s4a ra,oaro,t
oin''oAt 4a"Ss. .aoueAs '1a. 'uaso D!'uso''
could enforce his dooroo, and, il neceaaary, CON-
pal Mr.. Farrell to nppoas bofore tho State Court
at Peoria and dismiss atho caae IN 'that Co,ft.
But hero tho question ef1aoa suppose tnat Af:
Farrell reiuBos to DO SO, Will not submit
to the Marshal and finally obtains, tue
arrest of tue, latter ~ the nhoTlu OF
Pooria County, also Tor contempt Of TINT
County Court w aen: shel,dnas garrison zau, %
augmented, and the steamer h1tcnlgan ofdored
to load tho aid Of tho navy to assist Judge Blod,
Court tamoly submit to such an indignity? Tho
| quarrel is already as pretty . three.cornercd
affair Us can DO asked, and, il tho United States
officials cah in any way, bo mado parties to Tho
fight, the spectacle will be superior to any aimi-
lar one stnco the daya OF Midahipman Easy's
famous triangular duel.
1stely conc into tho caso, clam that. in tho
suits Instituted in tho United atatoa Circuit
Court, Judge Doolittlc,. aa attorney for Tioo,
undertook The dcfenae Of tho suits, Emory not
stakeholder. It ia claimed that the stipulationB
upon which the case wont to trial, wero not au-
thorized by Emery, though agrood to BY The COM
plainAnts and BY 1ice.. The latter did not ap-
osion ngainst the dissillera did not prevent thom
| from commencing an entirely new suit before
| the stato Court. The proper modo to have
avoided any intoEferonee between tho deescos OF
| the State and United states Courts would have
| boon for the dofoudanta to havo appeared before
the State Court, thoreby recognizing ita .iurie.
dictiou and to have asked that ita decroo bo act
aside. j.: n,..
state as follows: There wore nino suits COM
mencod against Enoch Emory by as many differ
Ont olsunefs IN me oircnt ooatt OF feoIaa % Coas
10 ooIen n 1ao f H. sy Mno vhic MhS thev Sad
paid into bis hands for tho Tico motors dnoso 81
| suits were all removed by VIII OF, oa<no1a,f W
n;atrict Of 1Inois. in 1870' aud 10y have been
| n5ir T., TINT Garrt avor nfnce. Last Feb
| to444eo - o'eA .H~.od doc;s;on
ruary, Judge nIod8ett repaoteo ,a;t,o %1u,eo ~
against the dinttllorp, IN favor oi tno cA1ns o.
1 1eaao r. Tico, and gAv0 the complntnnntB twenty
dAys' t;,ne In which 10 take further action iu hiR
| Cnttrt 1f thia privilege thoy did net avail
th"mao1voa end n1 MAJ ~ them undoubtSdly ac-
coptod the decision aud abandoned their claims.
Aftorynrd. however ono Of tho number, Dewitt
q. Farrell, having bought up tho claims Of tho
| others. probably paying Ittlo or nothing Tor
thom. again commonced suit in lis own natne
tho Circuit Court OF Peoria County. This
ho did iu full knowledge Of tho fact that Judge
| DioJRntt had already made an ndyerae decision
npoll theee claims, In this suit decroe was
eutored in defouit. Emory not defending, and
Tice never having boon summoned. Judge
Wodaett, in a decision published In full In TIE
TRIBUNE Of Aug. 20 inst, held that this suit
fraud upon tho rights Of the Uuited States Cir
cult Court, and upon tho rights OF Tice, and no,