West Virginia argus. [volume] (Kingwood, W. Va.) 1877-1946, 1882-05-26


ing upon the action of the Supreme
Court OF the District Of Columbia
In everything the objection 10 the
jurisdiction OF the Court below in
the trial Of GuITEAU, says:
The opinions OF the full bench iu-
volve the same disregard Of prior
decisions of the same Court on the
same point as was shown by Mr..
Justice Cox on the trial. This il
no: altoget her a satisfactory method
oil dealing with serious legal ques-
ton, but courts have so often exer-
cised the power OF reversing rules
oil Jaw laid dcvn by themselves that
it is probably too late to protest
successfully sgains, the practice.
The interesting inquiry now is
whether any further review Can be
had. Every quest ion but that re-
lating,to the Jurisdiction is finally
disposed Of by the decision last Mon
day IN the appellate branch oil the Su.
preme Court OF the District Of COL
umbia. Upon the authority of the
celebrated LANCE case, however,
decided in 1878, it would seem clear
that the Supreme Court of the Unit
ed States has authority to inquire by
means Of the writ oil habess corpus
whether the trial court had any
power to render the judgment uu-
der which GUITEAU is Leld.
Some expressions were used by
the Chief Justice in the recent de-
cision in Sergeant MAsoN's case in
dicative OF possible disposition on
the part OF some OF the Judges not
TO follow the precedent Of the LANCE
case Ia this respect bat unless the
doctrine there laid down is to be-
abandoned, it appears directly APP
plicabie to the case OF GUITEAU.
the authority OF the SUPP enc
Court OF the United States, said Mr..
Justice MILLER in ex pArte LANCE,
under the Constitution and the Ju-
dlcary act, TO Issue the writ OF ha-
6eas corpus, and TO examine the
proce edIhgs IN the inferior court so
lar as may be necessary to ascertain
whether that court has exceeded its
authority" us no longer open to ques.
ton.
But the Supreme Court Of the
Onted States Is net now IN session.
LAS single Justice OF the Court
power to grant the requisite writ?
Under section 752 OF the Revised
Statutes, the several Justices are
vested With power within their re-
spectIve ju'iedicuons' to grant WRITE
oil habees corpus to inquire into the
Cause OF restraint OF nb-rty.
We understand that two members
OF the Court are now in Washington,
to either oil whom application may
be made for writ. Upon such an
the question would arise
whether the District OF Columbia was
within the jurisdiction of either in
the sense OF the statute. or con &c
1t Is within the jurisdiction OF the
Supreme Court o. the Uoited Statee.
hut has a JUSTICE Of that court. sq
an independeL judicial officer, any
Jurisdiction there? The District Ct
Columbia Is not incIuded in any of
the judicial circuits oil the United
States. i IS surrounied by States
belonging to the fourth circuit, to
which the Cniei Jiuotice le assigned,
and on the Virginia side OF the Pc.
tomac there would tie DO doubt OF
his statutory authority to grant the
writ but IN Washington the power
is not 90 clear.
Bad as GUITEAU is, and detesta.
Die as was bis crime, no ons shonId
regret that competent counsel have
urged every legh ,;ons,de .ation in
his behalf. II he cdGtinues sane his
doom is certain Nobody can doubt
that II the Jurisdiction to try him in
w ashinut on were denied hv The 81
preme Court Of the Uoited States, he |
would eventually be tried, convicted.
and hanged ~ New Jersey. Tue
important end is that he should be
hanged lesallyi the place does tot |
make 80 much difference.
The Cottage Hearth.