National Republican. (Washington City (D.C.)) 1872-1888, 1881-04-12
A LEGAL BOMB-SHELL
EXPLODED IN THE arrz CASE.
The Consul-General OF Switzerland Exempt from,
Common Legal PrOeess-Au Persons En-
gagged in Prosecuting Mr.. HitE
Liable to imprisonment.

! yesterday morning, Immediately aitef
the converting of the Supreme Court>of the Dis
trict. Colonel Enoch Totem arose and stated that,
in behalf of Mrs. Jane C. Htz. one of the defend
ants in the suit OF the National Metropolitan Bank
against John Hitz and others. he had petition to
present The plaintiffs in the Circuit Court OBJ
tanned i judgment on a note drawn IN the interest
of the late German American National Bank
for $4,000. with interest They then went into
equity to get the judgment satisfied and obtained
decree against Mr.. Hitz and subjected his inter
est in his wifes estate to the satisfaction of that
! judgment, and from that decree an appeal was
| taken. The cause had been argued and an Opin-
ion delivered but decree passed. 1t was at this
status of the case that the petition was presented
WHAT THE PETITION ASKS FOR
1t prays for the dismissal of the bill, and sets up
the following grounds: On the 18th Of March, 1864,
the Federal Commission of the Swiss Confedera-
ton issued to John Hitz, her husband, one of the
defendants, consul general of THAI confederation
"a for the United States" and especially for the
third district, comprising the District of Column
bia, the States of Virginia. Maryland and Della
ware" That on the sd of September. 1864. Mr..
Hitz was recognized by the Executive Depart
ment of the United States as such official,
and has ever since been SO recognized
On the 2sth of February, 1863 the Federal Council
of the Swiss Confederation issued credentials by
which it appointed Mr.. Hitz political agent" of
the Swiss Confederation near the Government of
the United States, and ON the ID Of April of the
same year he was recognized by the Executive
Department of this Government. The duties ap-
pertaining to the Office consists I'm the manage
ment of all matters in the United States concern
ing the Swiss Confederation and the exercise OF
general supervising power and authority over
the consuls, vice. onsuls, and consular agents.
The Office of political agent is the highest in rank
established by the laws of the Swiss Confederation
among representatives. in this country. Mr. Hitz
held these two positions at the time the note was
made, when the action al law was commenced, and
when the Judgment was rendered. She therefore
AYERS that Mr.. Hitz is not subject to any jurisdic
ton of the Supreme Court of this District and the
judgment by default of record against him
is null and void. She is advised that by
virtue of the provisions of the Constitution
of the United States original and exclusive
jurisdiction over all cases affecting ambassadors,
other public ministers, and consuls is vested in
the Supreme Court of the United States She then
prays that she may have the same benefits Us if
this matter had been set forth in her answer to the
original BILL that the judgment against Mr.. Hitz
be declared null and void, and the bill dismissed
with costs. With the petition are filed as exhibits
papers showing the appointment of Mr..
Hitz, his recognition by the President,
and the record in the State Department.
In addition, Colonel Totten said that it was gen.
orally known that Mr.. Hitz was not a citizen of
the United States, but was born in Switzerland.
1t might be late in filing this petition, but the
Supreme Court of the United States had said that
such notice could be given at any stage of the
proceedings. Chief Justice Cartier thought tina t
as the proceedings had progressed to the present
point, and Mr.. Hitz had never felt disposed to
raise the point, no great harm would be done if
such a point could be raised. Mr.. William B.
Webb said that he appeared for Mr.. Htz in all his
eases, and he had never authorized the presenta-
ton of the petition, so far as he was concerned.
Mr.. Nathaniel Wilson. counsel for the Metropolitan
Bank, had not seen the papers and wished for q
little time to examine them.
COLONEL CoEKHILL READS THE LAW.
District Attorney Corkhill stated that it was well
known that Mr.. Hitz had been indicted by the
grand jury. The clause in the Constitution and the
statutes in regard to foreign representatives had
been called TO his notice, and he would be glad if
the court would give him advice in the matter.
He then read the law, as'foilows
SEC. 1865. Whenever any writ or process is sued
out or prosecuted by any person i'll any court of
the United States, or of a State, or by any judge
or Justice, whereby the person of any public min
lister of any foreign prince or state authorized and
received as such by the President, or any domestic
or domestic servant of any such minister, is ar
distrained seized, or attached, such writ or pro-
cess shall be deemed void.
SEC. 1864. Whenever any writ or process is sued
out, in violation of the preceding section, every
person by whom the same is obtained or prose-
cuted, whether party or as attorney solicitor
and every officer concerned in executing it, shall
be deemed vi0lator of the laws OF nations aud a
distuTber of the public repose, and shall be i'm
prfsoned for not more than three years, and fined
at the discretion of the court.
II will be seen that the statute makes it a crime
for any official to serve process against q repre-
sentative of any foreign country Before taking
any action in connection with the indictment he
would like TO have the benefit of the Courts Opin-
ion. The petition was filed, and the hearing was
continued until day.
Mr.. HITZ DON'T WANT PROTECTION.
In an interview with a representative of THE
REPUBLICAN last evening. Mr.. Hitz stated that he
had nothing to do with the filing of the petition
and so far as he was individually concerned he
would never place himself behind his consular
ship for protection. If he could not stand in this
city as man among men, and show a satisfactory
defense, then he would stand the consequences
He felt that he had done nothing wrong, and be-
leved in due time the entire public would be con-
WINGED oft. The liberty granted to the representa-
tive of foreign power might give him freedom
from the litigation, but whether it did or not, he
should not take advantage oft. All he asked for
was justice, and he would be content with the re-
result.