Evening star. [volume] (Washington, D.C.) 1854-1972, 1881-11-09

denouncing Gen. Brady and those associated with
him Tor the enormity or their crimes, should come
was q mere peccadillo. In the language OF Bully
Bottom, they roared as gently as any sucking
dove.
After discussing the common law definition of
what is Infamous. Mr.. Totten quoted Section 1Ol9
4. S. for the District of Columbia, defining the
jurisdiction of the Police Court to be over crimes
not infamous, or otherwise not punishable 10y
Imprisonment mp 50 1ns In the penitentary Refer
ng to %ha tt ea he called the efforts fGr Of the
infamous in the common law, he said that
the laws they quoted promised actions
case an executive officer OF the government was
assuming to exercise kingly power against citizen
OF the United States. He quoted also the laws re-
lating to the qualification of jurors to show that
the statutes had In other instances defined, by i'm
plicatiOn at least what constituted an infamous
crime That the offence charged against the de-
PENDANTS could be punished by fmnrsonment ip
the penitentiary there could be no doubt. The
crime being thus shown to be infamous, Mr.. Totten
ned the constitution prevented the holding OF these
ue1enuantS except upon Indictment by the grand
Jury: Stil, he held that the acts alleged in the
III tha constituted no crime under the laws
Oh Ihe country. The acts alleged OF increasing
ana expedlting certain star routes, were acts that
cos could De performed only by the Postmaster Gen.
charged with an unlawful exercise of discretion.
rep0sed only In the Postmaster General Only
four times, he said, in the legislative acts OF the
country, was such an officer the Second As
s1stant Postmaster General mentioned.
MI Cook asked If MIR. Totten meant to be under.
by regulation, upon the Second Assistant Post
master General, such as were embraced in the in-
formation.
Mr.. Totten said he was not then discussing
regulations, but the powers imposed upon the
second Assistant Postmaster General, by law.
MI. Cook asked Ii Mr. TOtten assumed that the
postmaster General alone was responsible for
acts such as described
MT: Totten said that that was what he did assert
Mr. BRADY mad no such power as was aScribed to
him in the Information. Taking up the 1nforma-
Brady with acts which only the Postmaster Gen
eral could perform We're absurd. Referring to the
regulations which Mr. Cook had spoken of, he dis
puted the power OF the Postmaster General to del
egate his discretionary power to any officer OF his
department. He said that all orders OF increase
were signed by the Postmaster General.
Mr. COOK, rising, said II Mr.. Totten was as faml-
lar with the papers OF the P. o. department as he
Was, he would see he Was mistaken. ''When we
Dr1ng THIS" continued Mr.. Cook ito trial before
''You never will, Colonel, interrupted Mr. Tot
ten.
perhaps you think not" said Mr.. Cook ssYou
seem to shrink from 1t like ghost from the re-
giOns below"
"We propose to be tried at least by the law OF
the Land" retOrted Mr.. TOtten.
"iou must" said Mr. Wilson, ssfirst find twelve
grand jurors to find an Indictment"
"Ah!" rejOined Mr.. Cook: ''you shroud yourself
In that, do yOu?" Mr. Cook then said that the pa
pers OF the Post Office department showed that
there had been orders for increase signed by the
second Assistant Postmaster General himself
Mr. TOtten finished speaking at O'Clock. and
the court in adjourning till tomorrow morning
said he might then be able to announce his
opinion.