The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1878-02-04

CORPUS CeftiOrari,
cordng the defendant Is IN custody. for the pur
pose OF removing the cause into that court. When
this oone y will bc the duty Of the State court
that they win do so without any further inhiS,.Ion,
In GAL for the defendant docket the cuse
the Circuit Court II The clerk 81 tho court
fuses TO furnish OF the proceedings addi-
tionai and summary method OF proceeding wnen only
the clerk Is delinquent But It does not meet tho
itself to recogniza defendants right 10 remove the
cause. These require tho moro formal and orderly
process OF tho court as above specified. The removal
OF causes from one court 10 another Is form Of quasi
appellate Jurisdiction well known IN the English sys-
| TEN proceedings 10 which our has constant
reference Tho forms oil protest necessary 10 be used
| Tor the purpose. and the principles upon which
| they framed arc familiar to every student
OF tho common law The only peculiarly IN the pre-
sent case is the causes oil removal are special
and limited, and application therefor must be first
made TO the Court qtd the reason for which Is un
doubtedy TO be found IN the anxiety OF tho legislative
department to avoid every possible cause Of Jealousy
and complaint should have no hesitation, there
fore 10 allow tho writ Of certiorar In this case #
were satisfied with the suffcicncy Of the application.
THE LAW COMPLAINED
This brings US TO that question as regards the law
complained or passed March 49, 1877, prescribing tho
mode OF selecting and drawing jurors. have care
fully examined its provisions and unable to SEQ
any, hing IN IL open to any constitutional objection
1t provides for tho appointment by the Judges Of the
"u, ~ a. ., ao o. no
the citizens OF the parish qualified TO tho
| OF not less than one thousand good and competent
men to serve on juries These names to DO
placed In u box and from them Is to be drawn tho
| general punel for each term. This is principal
Is Ia several other Slatos TITO commissioners,
IL true, may abuse their trust, but system
be devised that will not be liable 10 abuse.
NOT WITHIN THE sTATUTE.
The allegations with regard TO the man lpuation of
the law IN such manner as to secure Jury inimcal to
the petitioners and with regard TO the existence OF
general prejudice against them IN the hands OF tho
court tho Jurors, the officials, and The people arc
not within the purvcw OF the statute authorizing
removal The Fourteenth amendment to the con-
sttation WHICH guarantees the equal benefit Of The
laws. ON which the present application Is based, only
| prohibits state legislation vioiatve of said right IL
is not directed against individual heterogeneous
| hereof
! THE CIVIL RIGHTS BILL.
Tho Civil Rights bill Of 1865 was broader IN It's scope,
undertaking to vudicate those rights against ~
divdua aggression, but stil! only when committed
under color OF some law, statute ordnance regnla-
| ton or custom. And when that provision in this
| law which IS transferred TO section 64l
OF the revised statues. gave the right TO
remove TO tho United States courts cause commenced
| In State court against person donlcd or
cannot enforce any OF the rights secured by the act
IL has reference TO denial OF those rights iinred-
lments to their enforcement arising from State
law, statute. regulation or CUSTOM IL IS only when
some such hostile state legislation can be SHOVE to
oxist, interfering wl the parly's right of ccfence
that he can have his cause removed TO the federal
court This being my view of tho act II follows that
cannot grant the application. II am wrong the pc
utioners having claimed tho right of removal and IL
being denied Dy the state Court may carry the case,
after hnal judgment OF tho highest Court in the state,
to the Supreme Court OF the United States and obtain
| Its judgment on the question.
The application is refused.
JOSEPH BRADLEY, Associate Justice.
IMPORTANT INTERESTS DEMANDING THE ArTEN-
TON OF CoNGREss-sMALL CHANCE OF THEIR
GETTING 1.-THE MISSISSIPPI LEvEE CUES
TON AS A CASE IN POINT. J
wise but also anxious merchant, who visited
Washington Jew days ago, remarked 10 his. Repro
sentative:--
"!f Congress would adjourn and not assemble again
for five years believe 1t would at the cnd OF time
find the country at pence and prosperous. But you
gentlemen make prosperity almost impossible"
The Congressman laughed At what was certainly ar
uncomplimentary remark, but presently replied, be-
ing himself business man -
~ don't know but what you are right"
10 And yet there number of measures before the
present Congress which, il they could get atten-
ton and II they could be enacted into proper laws
would greatly benefit tho country. Positive icgsla
ton OF character beneficial to the country bss be.
como almost unknown sisce the war. Tho Southern
question and tho question have
the time OF Congress tor many years that there
are now number of what Senator Lamar once called
"reai questions" demanding action, and with very
little prospect that the present session will them
get that kind OF attention which they deserve
First, and perhaps OF the most Immediate mpor.
lance, is constitutional amendment OF tho method
OF eiecting President and counting tho eIcctcr raj
vote, Two committees havo this mattor IN charge
but is doubtful If their report will get hearing in
this Congress- We passed safely through u great
peril last winler and tho disposition low Ia TO becvo
that we shall always do So II was at one time pro-
posed that tho amendment should include a change In
the time OF meeting OF Congress, so tpat the House
Of Represep natives chosen ncxt November should
meet on tho LIST OF January Instead Of AS now more
than year after tho people chose IT, and when per-
haps, the questions on which they elected members
have passed away or been settled contrary to their
Will But this matter, too, has apparently been for
goscn.
good law for tho preservation of American forests
Is needed, and n committee Is charged to report on
this subject proper revision OF the Patent laws Is
demanded by public opinion, and tho Patent com
mitccs are hearing evidence and will bring in a re-
port and bill, but nobody now believes that any
VIII be DONE Tho question OF postal savings banks
deserves consideration, but will hardly get IT, Tho
Levce committees considering various plans for
tho permanent embaukmcnt of the Mississippi and Its
most important tributaries and there Is little doubt
that the country would consent to well maturcd
plan, TO be carried out systematically even at great
expense But 1t is probable that the present Con-
gress Will have time 10 spare from silver bills and
Pacific Railroad quarrels only TO pass hastily the
usual wasteful appropriation to repair tho present
patchwork evees millions which viii be as good as
flung away.
1t Is generally agreed that the Indian and Pension
bureaus ought to DO transferred to the War Depart
ment; this change would relieve the overburdened
Interior Department and place these interests In tho
best hands, but thcrc Is little probability that it will
be done this session. Tho dsorderly condition OF
society in Utah calls TOR attention but only hasty and
probably imperfect Legislation this subject will be
had. Then there is the tarr-a measure framed
with the central idoa Of increasing commerce and
enabling our manufacturers to sen their surplus pro.
ducts abroad. II may pass, because q is a subject
that will DO debated, being revenue measure; but
IN what shape It Is absolutely impossible to foretelL
1t would not BIO surprising TO IT beaten and the
old patchwork tariff rc-cnacted. Aud there sinI re-
main measures recognizing the army and the navy
and increasing their efficiency.
There 10 thus good deal Of really important work
VIII oh A. hut