National Republican. (Washington City (D.C.)) 1872-1888, 1881-04-13
THE HITZ CASE.
Colonel Totem Presses HIS Petition BE.
fore the Court in Ranc.

The petition presented By Colonel
Enoch Totem, as counsel in behalf of Mrs. Jane
| Hitz, to the effect that her husband was consul
general of the Swiss Confederation, and therefore
! beyond the jurisdiction of the court, yesterday
came on for hearing before ChiefJustice Cartier
and Justices Hagner and James, sitting on the
bench in the court in banc Colonel Totten filed a
petition for rehearing of the case of the Metre
politan Bank: holding that minority Of The court
had delivered the opinion of the court. He
thought, in regard to the petition concerning Mr..
Hitz that it involved a grave point of inter-
national law that at least five judges should be
upon the bench when it was considered. After
some discussion Mr. Wilson, who appeared for the
bank, presented the following as an answer to the
petition
First-That the SAID John Hitz is citizen of the
United States, and has claimed 20 be citizen of
the United States, and has claimed and exercised
the right of American citizenship continuously
during the past ten years.
Second-That the said John Htz is not and
never has been public minister within the mean
ing and purYiew of section of Article III Of the
Constitution of the United States, and has never
been and is not now recognized as such as appears
from the register of the Department of State filed
herewith.
Colonel Totten claimed that the answer could
not be fled, because il was not sworn to.
After considerable discussion Mr.. Wilson decided
to withdraw and let the contest be fought out on
the petition.
1t was finally determined to hear argument on
the petition as it had been filed. Colonel Totem
opened by citing the case of Davis VS. Packer from
the Supreme Court reports and other authorities,
to show the construction Of the law relating to
foreign representatives in this country. He
also read from the papers filed with
the petition that in the years 1864
and 1868 Mr.. Hitz received his commissions
from the Swiss government, that he was received
by the President precisely in the form in which
other foreign ambassadors were received. He then
readseeion q Article Ill, Constitution oftbe United
States under which he claimed that the Supreme
Court of the United States had original and exelu-
siye jurisdiction of this case. On this point he
read in Dillon, 1898, the case of Kosloff, Rus
sian consul general charged with rape in Penn
sylvania Is Sargent and Rolfe), where it was held
that the State court had not jurisdiction and also
Dillon, 406. He claimed original jurisdiction
meant exclusive Jurisdiction. In answer to q
question as to how the Supreme Court of the
United States took cognizance of criminal eases
before il had "a marshal, Mr. Totten replied that
they then made use of the marshal Of the District
In making this application the consent of Mr.
Hitz had not been asked, and the speaker would
concede it to be true that Mr. Hitz did not wish it
made but his wife did and it was made in her be-
half He submitted that by the facts and authori-
ties he had presented the judgment was void and
the court could proceed no further. At this point
the hearing was adjourned until this morning.