New-York tribune., 1882-04-11
THE GROUNDS OF THE DECISION.

TIE cPoIrNDs OF THE DECISION.
Try TELEGRAPH TO THE TRIBUNE'l
r.s,,xcroN April 1O.-FOr a week past tne
a,h;zore with the Star Route defendants nave
r.an nredicting that Judge Wylie would quasn inc
's,osent indictments against Brady. Dorsey et a'',
III nm, any trial of until next fall. Inc grounu
q ,hio hone was the old Maryland law OF 49,
.;,b relation 10 the manner of procuring ihuicF
.onts from Grand Juries, which, If still III lorce'
had obviously been violated III many par'icuiai' Il,
obtaining Tie present indictments, wmch "ero so,
.ooord,no to the usual methods. Judge Wyhe reau
% dow his decision overuling the motion 10 quasn'
.nd in doing so rendered opinions on several pon''
'i,oh have heen deemed of great importance by inc
s1fondoDts and their counsel. He showed very
clearly that legislation by Congress had practicahy
sunerseded the law of 1922. inasmuch as that law
and the acts of Congress could not coexlst tha',
while the law of 1922 had not been repeated IL "u
never been adopted into the new Iudlclal system
established by Congress. He dismissed the techh-
80, oompla,nts against the indictments as inmate
ria, and paid high compliment 10 the skill OF MI
Ker, of Philadelphia, who drew them.
Two points of even more popular than legai in'ei,
. ,,nre nossed upon 1t has been favorite plea OF
Star Route defendants both IN the newspapers anu
=; so ,olk Of their friends and partisans that the
no oh
~ bis official capacity, and that he could not De
nunsbed at law for exercising discretion conferred
nnon him as an officer OF the Government; that he
could only be punished by impeachment. Judge
Uvle auded 10 this point briefly, reminding the de-
fence of that proyison of the Constitution which de-
,lares that while Judgment in cases OF impeachment
shall not extend further than to removal from ONCE
and disqualification. the person lmpeached snail DC
liable tn indictment and conviction III due process
of law: a provision WHICH, he added, was unneces-
sary inasmuch as all citizens are subject 10 the
same law. The other claim that has been made ior
the Star Route men is the familiar one that has been
set up for every ring whose operations depended
upon legislation that the appropriation OF money
hv Congress- confirmed the alleged illegal acts Upon
this Judge Wylie said that there was nothing IN the
law TO show that Congress had any intention to
sanction such offences as were said to have been
committed.
The point is-a point which the Star Route apollo
rists steadily overlook-that the charge In these
cases is not merely of improper official action within
the Department, but of actual conspiracy between
the officials and the contractors TO defrand the Gov
eminent Ii is easy to see that against this charge
such pleas are entirely unavailing. If the Govern
inent can prove the crime of conspiracy against the
defendants it cannot help them in the least to show
that Congress unconscously consumInated their
frauds
Mr Brady was present with platoon of dis
tincuished counsel and heard the decision. As soon
as il was ended the Government counsel
asked for the immediate arraignment of
the defendants. Ex-senator Dorseys counsel
sought postponement on the ground that Mr..
Dorsey was in New-Mexico. 1t appeared that he
had gone back to his cattle, leaving behind him an
obliCing promise that he would be on hand within
one week after the indictments should be declared
valid by the Court District-Attorney Corkhll and
Mr. Merrick were not ready to admit that the Gov
ernment was bound TO await Mr.. Dorseys pleasure
in this manner. His counsel, on the other hand,
took an aggrived tone and came near to intimating
that the United States Government was taking un-
due liberties in compelling him to neglecthis private
business and attend trials. Finally, however, as
the Government counsel insisted Mr.. Dorsey's name
was formally called and his recognizance was de-
clared forfeited.
The prospect for the Star Route defendants is by
means a cheering one. Judge Wylies decision to-
day foreshadowed his position on several points on
which they have relied. District-Attoney Cork
hill says thata the Government will press for a
speedy trial. probably the first week in May. Judge
Merrick, who appears in Mr.. Cooks place. is law
yer of the highest standing in the Washington bar
hstment The prosecution are confident that the
same great array of evidence that secured the In
dictments will secure convictions. There were
rumors short time ago that the trials were likely
to 20 over until fall owing to the fear that they
could not be completed if begun DOW before mid
summer but the Government to-day seems TO prom
lse apromDt trial
a significant change has come over the Star Route
teeiendants while ago they were clamoring for
llai on the merits of their cause, and prophesylng
,hat they would be acquitted without any resort to
technical quibbes. Now they are fighting the
eehnlcalties inch by inch. while ago they were
pSsaening S that when the Post Office Appropriation
Ul came up in Congress the wrongs inflicted by
tne ,ne Department on localities in the far West
py cutting down Star Service would be
exposed and nghted, but tho Congressman
were were dumb. A while ago they were predicting
mat when the new contracts came to be made the
tnam OF the so-called reduction would be made
GEAR The new contracts have been made aud made
OF tne basis Of the reduction Every check upon
puolic opinion the Star Route men had hoped for
s iailed them, and all that is left them is to make
'"e Oest hight they can in the criminal courts