The New York herald., 1874-11-20

the ike suspicion whenever the discharge OF his
au aneeIed = any my one me. Q, the parry dsapproving
ss,ny nos,tility TO pure honest and legally condaeIea
WI, resent ssvsrything when they deem al
iTp,gu,aon imp qs.Ssc, that tse party Is IN taui. IN
Jealousy upon what they deem uncailed for inter-
terence oy the federal authorities appointed under
% sqe ,bs aw rassea through the power ana
deem-whetner truly or uutruly-partisan iegsia-
tion. Under sucn circumstances, and with such
exposure 10 suspicion and disrrust the Chief Su.
peryisor holds his once and performs its duties
whether II was wise TO connect such an ofnce
the same Jealousy and distrust. is matter Tor ser
Gus Considerations but II is not lett 10 this Court
slider It, The act OF Congress peremptorily directed
that the Chiei supervisor OF Elections should be
to Congress induced the direction that the chlel
Supervisor should be clothed with judicial
Charged cD w with violating the election laws
and probably It was because in the dis
o. such ofrenccs, il committed. Would come 70 nm
at times and under circumstances requiring I'M
mealate arrest. not only with view 10 punish
ment OF offenders, but TO operate at once 10 deter
the commission OF the offence ny others. And ifit
should happen tnat malicious persons make false
stances person was arrested who not
putty, 1t would not be strange II the political
motives 70 even the judicial ofhcer who acted on
the complaint. lhe present investigation Illus.
lTdles lnls but IL is not the fhuit Oi tue EeSFUu
dent that the performance Or those double duties
pertain 10 his ONCE. The act Oh Congress left him
e there eu. 70 Sas ia spa e o.
Iormance, he has made any discrimination
between offenders. whether OF one political
have been governed by any purpose other than the
faithful and prompt enforcement OF the law. The
with hostility or under the influence oil any mo-
tive but the Just discharge OF his duty Is exhio.
mentioned in the Complaint, III which 1t was
proved that he issued the warrants. Application
en senS o ne e sn de @ y eo@ean @ e ne
United States District Attorney, that the o1lclal
responsibility and legal opinion Of that ot1cer
just cause When tina, oficer had caused the
writing their statement Of facts constituting
Offences and IN The discharge Of his duty DE.
1Da III then did did ssr me respondent p issue warrans
This precaution on his part ought TO oe
ton in the absence Of any other proof against the
imputation OF undue haste or OF purpose by
those arrests Improperly to serve any partisan
purpose. 1t appears rnat the complainants in
those cases could not aterwa ards be found to
tain the charges but this does not a1ect the ques.
ton whether on such complaints the magistrate
should not issue mis- warrant. There Is nor any
evidence that either the respondent or the District
the witnesses were not truthful or that the com
plants were not true. The allegation
oy any proof whatever. No evidence was offered
in support OF so grave q charge. On the other
hand, the circumstances indicate the contrary,
and the testimony OF the respondent unquahdedly
denies it.n
Judge woodruff then goes on to say that he
fnds no sufhcient ground for impeacniug the
oticial integrity or impartality Of the respondent
in the matter OF the other arrests. surely me
adds) it cannot be deemed violation Of of1cial
duty that magistrate ooes not discharge an ac-
cused person against whom due complaint IS
made on the mere solicitation Of friends or polti-
cal associates however hiah IN position or earnest
in their entreaties. At considerable length the
Judge reviews the evidence In regard 10 the cases
OF Heinrich, Hussey and others, and comes 10 the
conclusion that In his mode OF dealing with those
cases the Commissioner did not exceed MS
legitimate authority as magistrate. he con-
cludes hia elaborate decision as follows:-
at seems to me unnecessary to say more on the
subject. except. perhaps, that the complaint
against the Commissioner would seem to have
arisen from mistake and msapprenenslon. In /
times OF political excitement strong prejudice I
Degets suspicion. Whatever seems to operate ad.
versely to the interests OF party is received in /
temper ard sometimes with violence. The pecu- ,
larity OF the position OF an incumbent OF the ONCE
Of Chief Supervisor, who by law must also exercise
the judicial powers OF Commissioner, has been \
already adverted TO, and the faithful discharge OF
ms duties not at all unlikely to create olssat-
isiactlon and complaint and violent denunciatlon \
from those Immediately affected by 1t. Let an +
order be entered declaring the charges herein not |
sustained by the evidence. and that they be dis
missed.h