The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-05-01
THE COURTS.
Important Decision in the Jewett
Certiorari Proceedings.
PREVENTING A DANGEROUS PRECEDENT.
Assessments Resisted by the Trinity
Church Corporation.

An important decision was given yesterday by the
Supreme Court, General Term, growing out Of the
order Of Judge Donohue following tho charge
brought against Hugh Jewstt, receiver OF the Ero
Railway Company. OF swearing to false report, the
facts Of which were fully published in the HERALD at
the tmc On the day set apart for the hearing before
Police Justice Morgan Mr.. Jewett as will be remem
bered waived examination and rendered bail to stand
his trial at the General Sessions but tho magistrate
refused It, and had examined two witnesses when
writ OF csrtorari served him. taking the pro-
ceedings to the Supreme Court whore Judge Donohue
made an order directing the magistrate TO TAT once
rommit Mr. Jewett for trial, with without bail, or
discharge him. "and accordingly bail was taken. The
istrct Attorney appealed, aud the General Term
gave It's decision upon this appeal After reviewing the
acts OF the case the opinion closes as folows:-lt
seems TO as that tho learned Judge exceeded his
authority in the matter then before him. Tnc order
made IL nothing more nor loss than percmptofy
writ OF mandamus in the form Of an order II COM
then pending sat onco" 10 take the alternative
action specified IN the order. 1t would be dangerous
precedent, we think, to hold that IN proceedings by
nabeas corpus certorari under the statute above
referred to (the Ha0eas act) judge or court can
Dny matter pending before It 10 take such action
might 10 such Judge or court seem TO be proper even
n it appeared that the inferior tribunal
conducting The proceedings before IL. The only
power 70 Interfere in such would be by the
damus OF superior court, or possibly by that form OF
certiorari which would bring up Tor review a court
having jurisdiction Tor that purpose alleged illegal
assumption OF power the part Of the interior
tribunal 1.-THE police justice had refused obey The
order in this case we know OF no authority by which
the learned Judge could have proceeded to compel
his obedience. II IL not necessary to discuss the
principal qucstion-to wit tho power OF the police
Judge 10 proceed with an examination when the
Prisoner appears and valves the and offers bail
1or his appearance at the Court Of General Sessions
Upon that question, as the argument was heard
before only two of the judges of this Court, it
might have been necessary to have ordered
reargument OF tbe case: but, havo DOUBT
that The above considered is fatal to pro-
ceedng below, we feel IL our duty to reverse the
der. II was suggested on the argument ny the coun
sci, and, as understand. conceded by all par
ties, that the police justice had, obedience tho
order, discontinued the examination and received
bail from the petitioner for his appearance at the
General Sessions. II this DO that act terminates
his Jurisdiction ofthe case, though be led
accept bail by the Unauthorized order made In tho
ccrtiorari proceedings All further Jurisdiction OF
the complaint then pending - transferred 10 the
Grand Jury and the Court Of General Sessions, before
whom the bail was given to appear. or course, the
ofuer in this will not have the effect TO reinstate
any such Jurisdiction IN tho police magistrate what
ever might have been It's effect II he had refused to
admit the defendant 20 bail and persisted In such