Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1880-05-12

to interfere with the Courts process. The
exceptions to this cardinal 1ule are found in
certain relations between the Federal and
State authorities. He read and analysed the
habeas corpus Act of California. The return
recites the judgment of the Police Court of
San Francisco, and AYERS there was convc.
ton for misdemeanor. 1t is not necessary to
state under what law
Justice McKinstry-We would like to hear
you on that point.
Judge Lake read cases to show that in the
commitment it is not necessary to recite or
refer to the law under which conviction was
had. (Ex parte Murray, 43d CALI
Justice McKinstry-That seems to set
tie it.
THE POINTS OF TIE PROSECUTION.
Judge Lake-The Police Court had juris-
diction of the case, and all the questions as
to the legality of the ordinance that Court
was competent to pass upon. This Court
does not know what the offense was except
that it was misdeneanor. But assuming
thatkit was violation of city ordinance, the
Police Court had jurisdiction. Now the stat
ute says the prisoner must be remanded if
he is held in execution, on the commitment of
| a competent Court of criminal Jurisdiction
The legislative power determines where juris-
diction shall be lodged. The Supreme Court
is only supreme so far as the law provides
! being reviewed by it. In all cases of misde-
meanor this Court is not supreme. The law
has vested jurisdiction in those cases elsewhere
as formality. There are few exceptions
| under the new Constitution, but this case is
not one Of them. Judge Lake read authori-
ties to show that errors at the trial cannot
be reviewed on habeas corpus, but only
on writ of review and on appeal. In
this case the remedy for errors anterior
to the Judgment was by appeal to the Supe-
rior Court, and to show that on writ of habeas
corpus it is only competent to inquire into
| the sutfciency of the commitment and the
jurisdiction of the Court. 1t is to be assumed
| that the Court having jurisdiction passed
upon all matters that may be claimed to be
errors. In the case of ex parte Watkins (3
Peters,, on application for a writ of habeas
corpus before the Supreme Court of the
| United States, it was held that the Court
could not look beyond the judgment of a
| Court in case where the Supreme Court had
no power to review the acts of the Court be-
| Iowa Court competent and final as to the
case in hand. In that case it was claimed
| there was no statute making the act of Wat
kins crime, but the Court refused to exam
inc into it, as the Court below had jurisdic.
ton and must be assumed to have passed on
the question. He cited ex parte Lung us Pc
ters), to show the distinction between void
judgment and one erroneous only.
MR.. MURPHY
Read Platt VS.. Harrison, Sheriff (6 Iowal, as
parallel with the case of Kearney, it being
claimed there was no power to pass the ordi-
nance under which Platt was convicted. The
Supreme sCourt held that there was an az.
peal from the Police Court to the District
Court, and whether the ordinance was void
and without law was a matter to be deter
mined by the magistrate or on appeal, and it
could not be reviewed on habeas corpus after
conviction and execution awarded
Judge Lake cited ex parte Harris az Mis-
souri, of Calicott Is Blatchford); the People
ex rel. Tweed VS.. Lipscomb go New York,
559). To this last case he invited the especial
attention of the Court, as containing the
most elaborate discussion of the office of the
writ of habeas corpus to be found in modern
reports. He cited also People VS.. Castles 3
Hill, 164).
ADJOURNMENT.
AT this point, 5 P NJ, Chief Justice Nor
rison adjourned the further hearing of the
case until this morning at 10 o'clock. Dur
ing the argument Kearney sat beside Warden
Provost. At his right hand sat M. j. Kelly,
the sand-lotter's right bower whose shining
broadcloth spoke of his ability to lift
coach out of the mud if he sees fit. Kelly
kept himself half turned toward and close up
to Kearney the whole time, and his hand
upon the latter's chair or arm constantly
The situation reminded the spectator of a
physician in Court 10 charge of an ailing
patient, who needs his constant care and
WHO'S liable to keel over at any minute.
METROPOLITAN THEATER. Baldwin
Theater Company was welcomed last night,
not by crowded house, but by very critical
audience. The play was Forget Me Net, .
sensational society drama, in which the
burden was borne by Miss Jetfreys-Lewis,
and so well as to win deserved and hearty
recognition from the auditors. The artist
appeared to excellent advantage, and her pre-
sentatioQ of the character of Stephanie was
one of those superior art effects of which only
the most skilled actors are capable. There
has been nothing, in fact given upon the
stage here for long time so full of the cum
ming of art, so nicely shaded, So exquisitely
wrought, as the picture Jeffreys- Lewis pre-
sented in this play. 1t is play full of vii
lainy, but withal with a moral. Its pith is
the war of wits between an adventures, who
seeks to rise upon the misfortunes of the vir-
tuous, and an English gentleman who, once
her dupe, uses his power to thwart her
schemes. Mr. O'Neil was cordially well
coined. His part was subordinate to that of
Miss Lewis, but maintained with the faith
fulness of one who is devoted to his profession
The company is strong in support, and the
promise is a season of most enjoyable dra-
matte entertainments. To night Byron's
comedy of 1.-The Girls, in which Mr.. Bishop,
the low comedian, will make his first appear
ance for the season.
WHY Is IT?-Repeatedly for two months
past the water has been shut off from first
one and then another section of the city,
For two nights now in succession this has &C.
Cured in the lower part of the First Ward,
greatly to the inconvenience of people who
| have to use constant water supplies. If the
authorities would give notice of intention to
shut off in given sections at given hours, to
make repairs there would be no complaint,
as provision for the occasion would be made.
A single bucketfhl of water might prevent
great conhagration, but it could not have
been had in the block from Second to Third
and J to K streets last night, from the
| hydrants.
APPoINTED.-T Governor yesterday APP
pointed as members of the District Board of
Agriculture for District No. 8, including
Butte, Suffer, Yuba, Colusa, Tehama, Yolo
and Sacramento counties, j. S. Manlove, H.
C. Wilson, l.. H. Mcintosh, n. d. Rideout.
! o. L. Clark, A. B. Collins, Allen Henry and
C. c. Mason.
New LAWYERS class of applican's
for admission to the Supreme Court yesterday
numbered seven, of which six were admitted.
Justice Thornton conducted the examina-
tons Those admitted were j. w. Turner,
A. w. Welcker, Joseph Kirk, b. +. Howard,
Z. NJ. Barnes and Charles c. Hamilton.
RED MEMS PIcNIc-The Improved Red
Mems picnic has been postponed on account
of the weather being unfavorable until Mon
day the 18th instant. The Tribes of Red
Men viii observe Tammany's day by exer-
cises around Owosso Tribes campfire this
evening.
AUcTIoNs.-J. A. Clayton announces an
auction sale of farms and fruit land at San
Jose May ooh The auction sale of real
estate announced for yesterday by d. J. Sim
mons 4 Co. has been postponed until Friday,
the 14th, at II a. NJ.
A DIVE Foolish Wolfe" a well-known
character of the streets, yesterday fell into
the pit of an clubhouse head first and came
near being sadocated. 1t took two Cinnamon
and three white men to fish him out.
ARREsTs.-The arrests yesterday and last
night were Frank DoughertY, drunk. By Off
GERS Valentine and Cooper. Dan Fay and