National Republican. (Washington City (D.C.)) 1872-1888, 1874-05-25
ABOUT THE POLICE COURT.
EXTENT OF IT'S POWERS AND JURIs-
DICTIOH.

ARGUMENT. OF COUNSEL AND DECIsIol
OF THE SUPREME COURT OF THE DIS
TRICT IN THE CASE OF CHANDLER VS.
BUELL-A TRIAL By JURY INDlsPEN
SABLE IN LIBEL SUIT.
As the case OF Chandler vs.. Buell., for an alleges
libel, suit brought before the Police Court ami
taken on appeal to the Supreme Court has Gre
ated considerable interest, inasmuch as the powe
Of the lower court was involved, the following
argumentof Judge Birney, counsel for Mr.. Buell.
Is given:
If It please the court the papers In the cas-,
show these facts: The defendant, alleged to b,
| the Washington correspondent OF the Detroit
Free Pres, was arrested in this city on the Sd o.
| April, on q warrant issued by the Police Cour
judge Of this District on q charge Of libel, ant
was afterwards held to bail In 5000 to answe
before that court to that charge. A copy Of al
| imperfect Information" for the offence was Their
served on defendants counsel by the United
States District attorney, he reserving the right
| to perfect and file It before the Police Court.
This proceed ing asserts in effect that libel is
offence within the jurisdiction Of that court; thai
| the police judge holds q commission recognized
by the Constitution and that the Police Court 1.
organized in conformity with law.
These several propositions We deny. We main
tain that Congress never intended to give, and
never did give, TO the Police Court jurisdlctiou
over the crime Of libel; that the limitation Of the
! police judges term to six years makes him In
competent to administer any portion OF the judi
cial power Of the United States; and that the
Police Court, being forbidden to try crime By the
| only method known to the Constitution, Is an nm
lawful tribunal, and its trials are trespssses %
the rights Of the citizen. My first proposition Is
The statutory jurisdiction of the Police Cont IL
limited to potit mIsdemeanors of and below The
grade Of simple assaults and batteries
The language of the statute Of June II. 1870, or.
ganizing tho Police Court, Is as follows: ID
"ShaIl have original and exclusive jurisdiction
Of all offences against the United States com:
ais s!sSi IN tnS Dssct o. ooiumpia no. eeemed
say SAL - .'-''' 'Ae' - "
':Of ali simple assaults and batteries, and all
other mlsdemeanors not punishable by imprison-
ment IN the Penltentlary, ana OF an onences
S Of tha t r Ii, ~ Siiy " y, III
court Of the county Of washington"
In carving out Jurisdiction for the new court,
Congress has expressly or by Implication, forbid
den It to take jurisdiction OF three classes Of Of
fences-capItal, "otherwIse Infamous" or psnissn-
tiary, and mis- iemeanors Of q higher era de than
simple assaults and batteries.
l. Capital offences, three In number are dssig
dated BY law.
2. 'Otherwlse Infamous" offences are not dssip.
mated in the laws no single offence being a.
scribed as s.inEsmous.n The phrase is u,sd IN the
er,h oraodr,ant e. ~. T,as!,t,,'sIo. 80
yIdes that NO person shall be- held to answer for
an '.Infsmous crime" sunless on prsssntment or
Indictment of a grand iury.n We are remitted 10
the common law for the definition. That d.anss
"Infsmous crlmesn as those punished either nv
loss OF competency as a witness. or by some d.
grading penalty. Our laws having restored corn.
potency in all case. except the yery few vhers n
Is denied expressly by statute perjury and one or
two others there Is Nothing len TO marx "infamvn
agent the degrading pen.Ity AEoornoraI MN
Isbments have basn aboII,bed- eyoent tmnri.o,-
ment the degrading nsnsltv I, eonsnsm,nt IN tha
nsnitentIaTy Win n, ooneomIt.nts tbs shsv.d
head and the strined qarmsnt, In The Law h.-
Tore ne The s,nr.s.on ..Tnfan,on, c,irss- !, ,.sd
az The antitbesI. 10 crIs, ..not nunI.habs IN ths
nonItan,Iarv - jus.fvIn thu infsrenca that r.in
famous,, and .nanItsntIarv,, crime, ara .vnorv-
nous -. =.
What off.,cs. m. npo,.h.blv nv ,,,,,so,n.,,
in the nonttsntIarvp Tba nlacs ~ imnri.onms,t
"a .sIdon, mentioned In ths cr,m,naI .,.,nt.. !,
ths IJnItsd States, the duratIon Of n aivsys
Mention of the partioular plaos might IN ,oms
sections of the country max. tina onIy
nlaoe unIavful- On the Frontiers vbars tbs,s 4,
no penItentiary. n term NAV Nave 10 he ssrv.d ont
in taII. The place depends upon What IA con.
vanIent. thu duration of thu I,nrIsonm.nt n.,k.
the urads Of the crime Any imnrIsonmant for :
term lon, ar than A wear NAV be IN a nsnItentIa,y
Tbe law :, found IN sso,Ion thras ~ ~. .t.,n,. ~