Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1882-04-01
Star Route Gases. .

IEecRsoLL EAGER TO QUASI INDICTMENTS.
WASHINGTON, March S1.--.Colonel Inger-
soil this morning began his argument for the
defendants in the star route cases on his mo-
ton to quah the indictment. The motion he
said was for the reason that tbs Indictment
was not found in accordance with the law,
holding that the statutes of Maryland of 1772
are still in force in the District OF Columbia.
Under this statute Col. Ingersoll held that the
Jury must either ind tbs Indictment OF their
own knowledge or after presentment by an
order from tbs court. In this case he claimed
the grand jury had no Jurisdiction. Judge
Wvlie said the whole thing hinges on the
question whether the law of 1I72 is still in
force in the District of Columbia. If it is,
then the motion to quash must be sustained.
Col. Ingersoll then continued his argument
10 show that the law spoken of Is still in force
here,
Col. Ingersoll concluded his argument after
apeaking an hour and three-quarsers.
cHANpLER's ARGUMENT
He vas followed by Mr. Cha ndler, who be-
gan by assuming that the government had
attempted TO frame their indictment SO as to
set forth the crime either under The common
law or under the statute law.
Col. Bliss interruptiug-W you inform Us
for whom you appear and to what motion you
arc speaking?
Col. Iugersoll-Hear him and then give the
credit to which ever you please. (Laughter.1
With quiet response. Chandler said, he
spoke to the Brady motion,
Chandler, resumed his argument, and
insisted that no crime or ofiense had been
set up under the common laws. The common
law had not taken cognizince of our postal
service, or in any way defined the crime set
up, and he denied the right Of the prosecution
10 ask q court sitting within the common law
Jurisdiction 10 pass on a crime or offense
which has never been defined at common law.
Discussing the Indictment, Chandler said the
supposed injury to the United States resides in
the fact that their alleged expedition Of routes
was unnecessary, and the prosecution cannot
establish fraud in expedition, unless 1t can be
predicted upon tbs showing that it was not
needed for the purpose. Good, and the de-
Tense assert that it does not lie in this court
TO determine or pass on that question. By the
law the discretion was placed with the post
master general and when he had decided that
expedition was necessary, this court could not
go behind that decision. The subject matter
was not within the jurisdiction of this court.
Gen. Brady's acts were those of the executive
function. Congress had the exclusive right to
legislate touching the postal laws and if con-
gress should decide in a certain post route,
what right had any court to pronounce upon
that act and declare The route unnecessary.
Chandler urged that vituperation and null.
duplication of words were not sufficient to
constitute an offense which is not defined by
law and characterized this Indictment as one
solely of adiectives. It seemed absurd that
court could hold or a jury be influenced into
believing an offense had been committed,
when the highest law making power ia the
country, the congress, had passed upon each
propriated money to pay them.
Al The conclusion Of Chambers argument
The court adjourned until tomorrow. Judge
SheJabarger for the defense will be heard TO.
morrow,