Gold Hill daily news. [volume] (Gold Hill, N.T. [Nev.]) 1863-1882, 1875-03-30
ANorHER KxERCIsI or A pANoER-
OTIS PUwER.

Judge Williams. Of tho Circuit Court
Of Cook County. Illinois lin which
Chicago IL aituaied). yesterday morning
sentenced Wilbur r. Storey. editor and
proprietor Of the Chicago T~ss. TO Van
days imprisonment in tho County 'sl'
for q Z. constructive contempt" OF court.
The ofYsnse eonsisted in publishing an
editorial which the court construed -
rejecting upon himself and the Grand
jury. Thers Was much difference OF
opinion among lawyers whether or not
Mr.. Storey could obtain . writ Of hoosas
eOrp.s. Late last night. however. one
Of tho judges Of the Illinois Supreme
Court granted . s~upersdeas. and Mr..
Storey was released from confinement.
giving bond in tho sum Of $25. 900. Tho
dispatch from which va gather the fore
going facts. adds that tho action Of tho
County Judge Is strongly condemned by
the entire press Of Chicago.
We should think ID would be. But
Why condemn the Judge alone, II IL
not the faut Of the system Of jurispru-
dsnco under which such outrages are
permissible. and by which q citizen may
Be snaichcd up and. without form Of
trial. incarcerated at the pleasure Of any
petty despot who may by accident be-
como ve.tsd with the judicial erminsf
Suppose that. like Mr. Pickett Of San
Francisco. Mr.. Storey had been CON-
iaitted by q Judge Of the State Supreme
Court instead Of an inferior court, whore
then would BE- the remedy! Who then
would havepowert TO intcrfsrs1 From what
tribunal could a writ Of suprsedeas DO
obtainsdf What process Of law could.
under such circumstances. be invoked to
obtain the personal liberty OF the incar.
ceraied citizen? We certainly do not
know. Is not q system that allows q
citizen Of the United States. in time OF
profound peace while the Wanted writ
Of habeas corpus 10 unsuspended. 10 Be
deprived Of the practical effect OF such
writ, unconstitutional and yoidl Does the
Constitution Of the United States or Of
any State contemplate the exercise by
any official Of such arbitrary power'
Mr.. Storey was released because q Court
superior to that which ordered his in
earceration revoked the mandate Of the
Court below. But II that mandate, as
in the case OF Pickett, had issued from
the superior Court. what then?
The power TO interfere with the per-
sonal liberty Of q citizen should DO bet
tsr guarded than now. Under present
laws in nearly overy State Of the Union.
II not all. q citizen who happens To be q
witness In q criminal action il subject TO
arrest and confinement until the trial Of
the case except no DO ablo 10 furnish
bail in such sum as the discretion Of the
Court may determine. Hundreds Of in
stances yearly occur where unoifending
citizens arc thus kept injured with
eonvicts and felons for months. Con-
slant indignitiss are psrpetrated by pet
~ justices in every city in the land.
Some cross grained ignoramus. unfortu-
natsly successful in obtaining the
once Of police judge imseinss twhst
il ofsen true and always NATURALLY
that q defendant or his counsel holds
him In contempt. Immediately under
the assumption that tho ''digniiy OF the
Court must be maintained" the ''oon-
tcnptuous" citizen is fined. and In de-
fault Of payment committed 70 the
station-houss. The sam Is true. but
fortunately Of not so common occurrence.
In higher courts. II was the same
power. under the same system. which
condemned Storey. and the exercise Of
tho same tyranny now immures Philos-
opher Pickett. The system is radically
wrong and. We believe, in open violation
Of the bill Of rights. A man accused OF an
ofsnss against n Court docs not lose his
right Of suppositious innocence until
proved guilty, and before being SEN
tsnccd and incarcsrated in q dungeon
he should DO tried and condemned, not
by . Court alone. but by . jury Of his
peers. Star Chamber proceedings ought
Gro this to have become obsolete In
America.