Morning journal and courier., 1882-06-05
News by Telegraph
FROM ALL QUARTERS.
4 CONTEST ENDED.
One More Republican in
the House.
GUITEAU'S LAST HOPE GONE.
The Court i'm Banc Against
Him.
His Counsel Gives Up Hope.
One More Effort to be
Made.
THE NATIONAL CAPITAL.


The Alabama Contested Case-Decided
in Favor of the Republcans-Guitea
Hopes Blasted-The Court In Banc
Against His Last Motfon-AnotherE Effort
to Save His Neck-Events of Interest at
the Capital
WASHINGTON, June An the House yes
terday the attention of the members was tax
en- up in consideration of the contested cleo
ton case of Lowe VS.. Wheeler, Mr. Wheeler
making the closing argument in his own be-
half. A long debate among the members
ton declaring the contestant entitled to the
seat was then adopted-yeas 149, nays s.
(Messrs. Hardenbergh, Phelps and Rice, of
Ohio, and Mr.. Lowe appeared at the bar of
the House and took the oath of Office On
motion of Mr.. Springer, of Illinois, the SEN
ate joint resolution was passed for the print
Ing of the memorial address of James G.
Blaine upon the life and character of the late
President Garfield. The House then ad
iourned with the accession of another Repub-
lican to its membership.
In answer to an inquiry from Postmaster
Pearson relative to the classification of print
ed circulars sent out by parties in New York
notifying their correspondents that drafts
would be drawn upon them at certain dates
the Postmaster General has replied that al
though these circulars may convey informa-
ton personal to the parties, still they fall
within the statutory definition of third-clas
matter.
A dispatch from Colorado announces the
death, by consumption, of Commander Ed
ward Terry, of the United States navy. Com
mander Terry was born in Connecticut and
appointed a cadet in the naval academy from
that State Sept. 81, 1858. He was graduated
in 1857 and attached for two years to the
sloop Germantown in the East India squad
ron At the breaking out of the civil war in
1861 he was transferred to the steam sloop
Richmond of the western blockading squad
ron in which he served with conspicuous
gallantry until the close of hostilities. He
took part in the engagement with the rebel
ram Manassas and steamers In the MISSISSIPPI
pi river Oct, ~, 1851 at Fort Lee and the
rebel batteries Nov. %, 1861; at the bonn
bardment and passage of Forts Jack
son and st. Philip, the capture of New Or
leans and the passage of Vicksburg, and the
bombardment of the batteries at Port Hud
son, March IA, 1868. During the siege of
Port Hudson he commanded battery of
Dahlgren guns in the rear of the enemy's
works. He was commissioned lieutenant
commander Jan. 4, 1868, and at the battle of
Mobile Bay, Aug. 5, 1864, he was the execu
tive officer of the Richmond. From 1866 to
1867 he served as fleet captain of the Pacific
squadron, having been selected for this duty
by Admiral Rodgers. He served as comman-
der of cadets at Annapolis in 1868 50, and
again from 1875 to 1878. On Oct. 80, 1871,
be was commissioned as commander. His
failing health compelled his detachment from
active service two years ago, and since then
he has been vainly seeking relief in the mild
climate of southern California. He leaves
widow.
Speculations about the full Congressional
elections, SO far as these may be based upon
the votes of 1880, are made uncertain in sew
eral of the States, the Legislatures of which
have redistricted them. Illinois, Iowa, Ken.
lucky, Maryland, Massachusetts,, Michigan,
Minnesota, Mississippi, Missouri, Nebraska.
New Hampshire, Ohio, Tennessee, Texas,
been thus redistricted-nine northern
and seven southern States. Arkan-
sas California, Georgia, Kansas, North
Carolina and Pennsylvania will elect
the members they gain by the State at large.
The Louisiana Legislature may still redistrict
the State. In South Carolina it is expected
that the redistricting will be done this fall.
In Virginia it is reported that the Governor
will call an extra session to redistrict the State.
In Tennessee the Legislature changed the
districts, making the Memphis district more
favorable to the Republicans. In New York
the Legislature refused to redistriot the State
Colorado, Connecticut, Delaware, Florida,
Nevada, Oregon, Rhode Island, New Jersey
and Vermont were not affected by the new
apportionment.
The Supreme Court adjourned on Friday
j. 4Ixok4 100
of all the judges might be had on Mr. Reeds
motion for rehearing in the case of Gui-
teau. That consultation was had yesterday, all
the Judges being present. They were unani-
mously of the opinion that the points raised
in the motion had all been fully considered
and decided in the decision on the appeal
from the lower court announced on the 22d
of May by Judge James and that so far as
the Supreme Court of the DISTRICT is COP
cerned they were done with the Guiteau mat
ter. They decided Their. fore, to deny the mo-
ton for rehearing and on Monday morning
Judge Cartier will deliver the decision of the
court. This finally ends the Guiteau business
in the courts. The hangman and the grave
digger are now the persons in charge. Mr.
Reeds proposed plae to save Guiteau Is t9
obtai from one Of the judges of the United
States Supreme Court writ Of habeas corpus
to test the question Of qsqrpation of jurisdic-
ton. The Supreme Court of the United
States, not being common law court, was
created by the constitution of the
United States, and has no jurisdiction except
such as granted by the constitution and
acts of Congress. 1t has no original or appel
late jurisdiction over crimes, except on que
ton of usurpation by the court trying the
criminal. There is precedent for the grant
ing of the habeas corpus on the above
grounds afforded in the case of the Knights
of the Golden Circle in Indiana-Milligan
Horsey, Dodd and others. They were tried
by a military tribunal and the Supreme
Court decided that it was a case of usurpa-
ton of jurisdiction. The present case, how
Knights and the jurisdiction of the District
Court has been 80 lucidly established by the
decision of the judges on appeal that emf
nent lawyers think there is no prob
ability of writ being issued by any
judge of the United States Supreme
Court A State law of New Jersey gives
jurisdiction to the courts of that State over
the crime of murder where the blow is struck
in another State and death takes place in
New Jersey or the criminal is apprehended
thare. This law would do Guitea1 no good
even should the trial in tho DISTRICT Of
Columbia be pronounced an error because of
usurpation of jurisdiction. For as the blow
was struck in a federal district the trial of
the criminal would be in such case transfer
Teu To d I6el0Td1 LII N6W Jersey duu AOI
to State court, and hence no advantage by
reason of such State law would accrue to the
defendant. But there is no probability that
any legal measures will be taken In tho case
after the decision on the motion for rehear-
ing on Monday, except the legal execution of
the sentence.
The success of the Garfield memorial hos
pital scheme is fully assured The amounts
secured and the united efforts of prominent
people here of all professions indicate speedy
action in laying the fou9dstion. ApothaT
large entertainment takes place tomorrow
for that purpose.
The President attended church o-day and
looks refreshed by his trip to New York. He
saw few personal friends this evening and
to one said this week would be particularly
busy one with him. The tariff commission
ers are expected to be nominated on Wednes-
day after the next Cabinet meeting The
president Of the District commissioners de-
olines reappointment, and as bis term expires
jane list Ills suocessqr is G. subject Of cohsid-
cradle local anxiety. The friend above re-
ferred to says there need be no fear of any
immediate changes in the Cabinet, that
the President has no idea of asking Conkling
to an official council and contemplates no
change in any bureau just now. He also says
neither Frelinghuysen nor Folger will remain
to the close of the administration, but that
Frelinghuysen's tenure will hardly terminate
this year. When Folger goes he will be sue
ceeded by the present Assistant Secretary. 1t
is a noticeable fact that Assistant Secretary