Evening star. [volume] (Washington, D.C.) 1854-1972, 1875-01-14

Eleven O'Clock this morning was the hour
set for the return TO the writ of habeas cor
pus directed to Sergeant-at Orlway
for The production of r. B. Irwin, the recu-
;ahs racine Mail witness. beforA Juage
Macarthur, and at that hour there was a
large attendance in the Criminal Court
room. The counsel for the petitioner were
promptly in attendance. but il was some
time after the hour before the counsel for thf,
government (Jrdge Fisher and Mr. Shclla-
barger) appeared with Mr.. Ordway. Irwin
was not brought into court. MessrS. T. ]
Durant. j. w. Moore and e.. p Culyer an
pearcd for the petitioner.
Mr.. Ordway having sworn 10 the return,
judge Fisher was about 10 read it, when
Judge Durant said he deemed il necessary
as he was not familiar with the course 6f
practice here, TO ask that no return be enter
.aiheu untii tle respondent comply with the
order made, by the production of the pe.i-
TONER and he read the writ.
MT Shellabarger said his friend was pre-
mature, as the papers were not TO be consid-
ered a full return, bat were TO the point that
tne person was in the custody of the House
OF Representatives. He claimed that it was
competent to show that the custody was in
me House OF Representatives, and To pro-
duoe the body would disturb that custody.
Mr.. Duriint said the point was whether the
order SHOULD be complied with.
Judge Macarthur said that the writ was in
the usual form.
Judge Fisher said that in the case OF MI
gent in 1s49 the body of the relator was not
produced, and the case of Bell recently the
same officer (Mr. Oriway) did not proiucl
The body before Judge Wylie who held that
IL was not necessary to produce the body.
Judge Macarthur said IL was not his de-
sign 10 interfere with the House of RaprcSen-
tatiVCS. but it appeared that the court haI no
jurisdiction without the production of the
BODY. III the court should conclude that the
House OF Representatives had not iuriSlic-
ton, how could the judgment of the court be
enforced II the relator was not present?
Judge r Usher said ID was competent for the
respondent To show that the court had not
jurisdiction, and had no authority to issue
the writ in the first instance, and he read
from the case Of j. Il. Kearney, in the Su-
preme Court of the United States in ls22 re-
Ported in It'll Wheaton, So He claimed that
The House of Representatives was court OF
competent jurisdiction, and that this court
was not an appellate court to that body
Judge Macarthur, after recognizing the
primo lpleS III the case cited, said that the con-
stitutiOn provides that the writ of habeas
corpus shall not be suspended except in time
oil war, and 1t was the right of the citizen
carrying with ii the production of the petit
TONER and he was clearly of the opinion that
tne body OF the reiatOr must be produced.
Mr.. Shellabarger called attention TO the
papers, which were a motion to dismiss the
writ, and he argued that motion.
Mr.. Durant opposed the motion, citing a
number of authorities.
Judge Macarthur Overruled the motion.
Mr. Sh"llabargcr then moved that further
proceedings he postponed until tomorrow
and this motion was granted.
THE CHESAPEAKE AND ONO CANAL
Chesapeake and Ohio canal met in AnnaDo-
lis Yesterday. The president submitted his
report, showing total revenue for the month
OF December of S20,736.7S: the expenditures
Tor the month, on all accounts, was SIS. ri %:
showing the net revenue to be - 45i.S3. Owing
10 the very favorable weather. the water was
Kept in the canal until the 2Sth December
and Then was only drawn Off because all the
coal companies had stopped shipments for
Inc season. The coal tonnage for the year
lhI4 was S6.9Ji tons, which is an increase
over the tonnage of 1873 of 80 J9 tons. The
receipts into the treasury Of the cOmpany
during the past year were SJI3. SS} Il: which
shows an increased revenue, as compared
with 1873, of S5.GSs.4S. In addition to which
the revenue accrued. but not collected
amounts to nearly $1,000. Since the close of
navigation the usual winter repairs have
commenced. and will be pushed forward so
as To have the entire line in complete order
for navigation by list of March next
INsTALLATIOE.-The following officers OF
Franklin Lodge. No. .. h. of p were in
stalled ON Monday evening last by ID. G. C.
Richard GOodheart WIN. J.. Alderman g
g.; VIM III. kell, V. C.; VIM. II. Bobart, p
j. Robert Cooke. *. of II. and 8: JohrI e.
Axe. NJ. of f.: II. H. TcepIe, VI. of f.: H. w
Rhodes. NJ. OF A; Theo. Miller, /. c.: John
,IpS1 d