New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1881-11-14
THE JURISDICTION TO TRY GUITEAU.

O
Star Route prosecution will he thought by
many to foreshadow decision that his court
cannot try Guitcau. The objection cannot he
waived by Mr.. ScoviIe. Guteau's consent to
be tried by an incompetent court would not
confer authority. JurlstS recognize very htte
diiferen1 intrinsically between judge and jury
acting without authority of law and mob
irving "A culprit by lynch law. If serious
doubt is in any way raised in the mind OF
Judge he is almost sure TO direct the question
TO be argued. even though lawyers do not
raise it and if jurisdiction does not exist his
own sense of duty Restraints him from pro-
ceeding. Hence We expect the question will be
discussed.
Many of the paragraphs on the subject III
our contemporaries seem to have been written
without full knowledge of the peculiartics
of District law. The District of Co
Iumbia is not n State; thus its inhabitants
have no full Representatives or Senators, nor
even a vote for President. II is not a judi
cjal district in the ordinary sense. Hence
there is no probability that the oft-quotcd act
of 1867, saying that when an offence is bee IN
in one judicial district and completed in an
other, it may be tried III either, will be found
word "circuit" has been substituted for dis
trictn in the Revised Statutes, for this change
was not made by the Revising Commissioners,
| nor, indeed, by anyone Intentionally, but is a
| misprnt. Nor is there good reason for saying,
| as some have, that the rule applies only III
revenue cases. But there will be difficulty in
! holding that Guiteau's offence was "bcgun in
| one judicial district" Some other general laws
which writers for the press have confidently
cited as solving the difficulty, fail to do so for
| like reason; they are not applicable to the
| District of Columbia.
! The District is a tract coded to the Union
for seat of Government. When ac-
duired, it continued, like coded territory
generally, subject to previous local laws
hence the old State laws were formally
recognized by Congress as continuing in
! force until Congress should make changes.
Many special laws have been passed, and these
were collected few years ago, in revision,
which is distinct from the Revised Statutes. But
| Congress has been rather neglectful of cOmpre-
hensive legislation adequate to modern needs.
| A systematic Code for the District was years
| ago prepared, which is cited removing all
doubt as to Guiteaus case, if Congress had
| only enacted it. But it did not. On ques-
tons not covered by the special acts of Con-
gress one must still resort to the last century
laws of Maryland. Nothing affecting the sub
iect was done by the short-lived Legislative
| Assembly"
| In 1909, while Alexandria (ceded by Vir-
| ginia) was a part of the District, Bladen, in
| that city, wounded man who was removed
| into State and there died. The old Circuit
| - 81 ,yips.
law applicable, and refused to try Bladen fol
| anything more than the striking. As to the
| charge of murder the court said that since the
death happened out of the District, although
| the fatal stroke was given within it, judgment
must be for the prisoner, the offence moi
being complete within jurisdiction.
1t is stated that this decision has been
| followed in later cases in the District
Is it obligatory upon Guitcau's case2 There
are several reasons why perhaps it may not be
so considered. 1t stands opposed to the cur
rent of modern opinion aud statute law
which is that a person may be tried in eithel
place for Il crime begun in one and finished in
another; also that the death in these cases il
not a part of the crime--that Is completed
when a shot fired with intent to kill take
effect in the body of the victim, though ont
must wait to see the result before the name
and punishment can be declared. Again, the
report in Bladen's case is meagre, and the
authorities cited do not seem to sustain il
these, however, are not very strong reasons
for setting aside decision which has gooC
while stood accepted. More important might
prove to be the consideration that the decision
was founded on Virginia law. Apparently I
court treating Guiteaus case in the same wal
must look up the old law Of Maryland, which
might prove TO be different. More importan
still is the fact that the court which decided
Bladen's case no longer exists. Guiteau is to b.
tried by what is called "the Criminal Court
OF the District, which, strictly speaking, is
term OF the Supreme Court OF the District