, 1880-10-31

| suppose that a man will always be unruftled
| when he is attacked. and when opprobtous Ian
% %gnageh h ts used towards him. The question is'
| HAD HE THE RIGHT TO DO WHAT HE D1D7
Had be the right to preserve order? Hnd he
the right to arrt.st Mr.: Dwyer2 And was be tn
tbs fact thai he may not have done 1t In such
quiet, smuuth. regular sort OF way as other
men Of a different temperament would have
dome. 1t does not render the principal act Illegal.
LII Other words. II n man III arrcsting Mno1her,
where he has the right to arrest him, pushes
with more force than perhaps may be necessary, .
it cannot tn gener7lt affect the question OF the
legality of the arrest SO hero II nay Dc t1at
the Supervisor did not act MS other H1e,l Of
under the circumstances: but he had tho right,
/ think. to arrest DWyer. and to preserve order
by removing him from the room. The differ
ence between the two men, as have suited. Is
that the one was an outsider and the other was
clothed with the authority Of the Inv:
Ths'e e rs aP o1 a
the United States in eases Ut this kind US though
they were interfering with the rights of the
States . has tie lie undoubted right to interfere IN
all cases where there Is Il registration OF voters
for an election Of members Of Congress, and
thority Ut Il statute Of the United Suites. there
can be no law which Is paramount to It; mud. us
the Supreme Court Of the United States hus
the rights OF the States In this. We
should move On tremendously In the one ease
sp a me
ernnent md the State as 4 government clothed
with all the powers which affect us Us individ-
relations to ench other US citixens. But wnen
tho question OF nationality and Of the rights Of
the United states US Nation arises and has to
ercignty overridcs what is sometimes called the
sse1voreignty 90, OF ,,so the State; Undoubtedly,
Representatives In Congress shall be elected,
and how security is to he given tue rights OF
electors, In order to ascertain who are legally
elected. So thAt, while I haye criticised the
action OF tho Supervisor In the performance oG
his duty. us think the circumstances warrant.
with him, still mus. bold mudcr the law, that
he acting In the line of his duty. and that 1t
was not competent for afiy State authority ~
Interfere with him in The exercise Of his right US
Tbc only question hnve had any doubt about
since hearing tue testimony In the case is,
whether what the Supervisor did could be treat
e.. In the nnture Of Il mere assault upon Mr.
Dwycr. aud not Us an arrest II it had been
if, for exampIc. the circums:ances which &C.
CURED prior 10 tho seizure OF Mr. Dwyer hNd not
beeu y they were,-namety: that he bud re-
guaIe-uot to Interfere in amy way; th,lt he bud
called upon others to put him out. Or to unrest
him. then 1t would have been different; bur:
having done thnt ,-bAving snid what he did,
must hold that the act which otherwise might
have been merely all assault must be regarded
Simply rs Il seizure, VIII pernNpS more violence
thnn was ueccAsMry, to remi,ve the nun from
tho room because be saia, :. II no Que else will
remove him win do IT.. The prisoner, there
fore. will be discouraged from custody.
Col. Calneron-l.ut II this had been wnnton
assault by the Supervisor. then- your Honor |
would hold thnt that would Justify his arrest? |
Mr. A1uir-"e will admit that.
The Court-Ies sir: If 1t was only wanton |
assault.
Col Cameron-The gentlemen On the other |
side huve been kind enough to say to me that |
they do not require that | should draw au ull- |
swer for the two officers who were notified to |
nuke answer.
MIR. Adnlr-We have Investigated that qucs-
tion, and we satisfied that the officers at the
sutton hid no intention ut all Ut interfering |
with the writ.
This ended the proceedings In court
DwYER AND M'SALLY,
the two prominent lights OF the Democratic
hooIlum. who distinguished themselves the |
other day by sailing into Supervisor Geisler, I
gave bali yesterday before C0ustnissspuer Hoyne
in the sum Of S5JO each. Dwycr coming from Jail |
to do it, and McSnlly turning up Voluntarily
The boss Democrat Of the First Ward. Mike |
Mcdonald. very appropria teiy went their bull.