New-York tribune., 1886-02-23
d. j. DALTON IN CONTEMPT.
HE MUST SUBMIT OR GO To JAIL IN OHIO
RIGHTS OF THE LEGISLATURE DEFINED BY JUDGE
wYLIF-TRouBLE FEARED IN CINCINNATI.
LEY TELEGRAPH TO THE TRIBUNE

| fBY TELEGRAPH TO THE TRIBUNE
COLUMBUS, O., Feb. 22.-The "Dan" " Dalton
section OF the Democratic gang came to grief here
| to-day, when Judge Wyle, Democrat, rendered
decision FAY oIabe to the Republican House Of Repre-
scnaves winch had sentenced Dalton to thirty days in
jail for refusing produce the forged returns from
| Precinct A. Fourth Ward. Judge WylIo prefaced his
decision by stating that Dalton had applied for writ OF
habeas corpus. declaring that illegally der ved
OF his liberty and insisting that he not guilty OF
contempt, because the J. gislature had judicial
power and could not punish recusan witness since the
statutes did not specify any punishment Judge Wyes
decision that the Constitution provided that each
house should DO judge OF the election and of It's
| own members" judicial power certainly
conferred the General Assembly Therefore 1t folio we'd
that the matters desired by the Investigating Committee
judicial matters and that tue Legislature had the
same power IN that regard court OF general jurs
| dction would have The Jurisdiction OF the General
Assembly cOcxtensVe with the geographical OF
the State. Then why may not the General Assembly
bring by subpoena persons papers from any part Of
the State In relation to Dalton's claim that the House
had no power to punish, the Judge said:
II is an ancient maxim Of the law: That is certain
which lie rendered certain and we must not sup
pose that because power to punish recusant witness
has never been rcsed by the General Assembly Of
Ohio, that therefore does not exist IL is true that
the power did exist in the United
the time OF the decision Of the Kilbonrue-ThOmpson
by tho United states Supreme Court does the
power now exist in the General Assembly OF OHIO for
furnishing rccusant witness for contempt in any case
In which the Lcgs sature has jurisdiction to inquire into
the subject matter to which the questions propounded
to the witness diIccted nor where 1t s sought TO
| compel witness % answer questions which he would
not bo compelled to answer In a court OF law.
In conclusion Judge Wylle said:
by no Gatter myself that have exhausted tho
questions argued submitted in this case, but with
necessarily somewhat cursory examination Of the whole
Daniel J. Dalton Is not Illegally elrved Of his liberty
rcmood"s 70 tbc cusio1y Of Josiah b Acn serxeanta
nj lp a d ne of
Ohio and that the petition be dismissed at the costs OF
the relatOr.
Neither Dalton his attorney Baker. present
Attorney General Kohcr tceeraphcd Dalton to
the and deliver himself into the custody his
bond ~ $1,000, with eXsherih funmier security,
would be forfeited Daitons attorneys gave notice Ot
appeal 10 tho Circuit Court but the Republicans
claim that Dalton must go to Jail arrival, he was
duly sentenced By the House and therefore stands
convicted OF crime Wylie's decision creates
Intense excitement the more because he Democrat
Allen o. Meyers charges that he forced to make
the decision, Republican House threatened to i'm
peach him for drunkenness. TINS is twaddle as Wyie
Is a conscientious Judge. unhampctcd by politics As
Democrats and Republicans alike expected 10 see Dalton
released the surprise and chagrn OF the Democrats can
bc imagined
Daltons lawyer, Charles W. Baker, arrived at p. m
and said that Dalton was in Cincinnati and would not
to columbus urtil ho was sent for. Baker says
that his client s row before tho Committee at
Cincinnati will be- ready produce the returns tO bo
photographed by tie House Committee when the Senate
COMMITTEES Is through with him Dalton IA abjectly
begging 70 De kept OF iai His lawyer Is arranging
with Attorney -Gcucral Kohcr take the to the
supreme Court ani procure his release on bail
during IT, consideration The rumor - that Judge
Wyc will declare DaOus bond iJriecl II he does not
appear 20 morrow.
At "a conference OF tho attorneys for Dalton aud the
house Of Repre- ontatives tonight IL agreed thst
Dalton should appear with the from Precinct A.
Fourth ward, tomorrow and they will DO photographed
by the committee Error proceedings to the lower court
bad been begun but viii be argued except a mat
ter OF form. Under the House resolutions Dalton can
discharge the contempt proceedings by this course
CINciNNArI, Feb 22. The decision OF Judge Wylie in
the habens corpus Daniel j. Dalton aroused the
vcc-t interest in this city The Fourth Ward returns,
which are the subject OF controversy, now in the
hands oi the chairman OF the Senate Committee which Is
taking testimony concerning election. motion TO
Ihotnp the returns l. now pending iciDrc that com
mtf"r 10 not able 10 meet this morning owing To
the Illness oi Senator Coulter Nr rpuhCauI. RImurs Of
attempt TO cao disturbance Ia the committee ana
to destroy the rctuTu- brought number Oi persons INTO
the huirIoDhy. Daniel Dalton there and said that
ho viii 10 rs his attorney Instructed him about gonS 10
Columbus.
Thc committee held a meeting In the afternoon with
Coutcr. who st too sick 10 be present
The question of photO-aphng the returns OF precinct
4, Fourth Ward argued AZ length and at last Mr.
Fucti attorney Tor the Democrats. announced that In
hts Judgment the right 10 photograph the pollbook
should be conceded. The Democratic members Of the
committee reluctantly accepted his advice and MeSsrs
Van Clcaf and Pnugle were appointed 10 have photo
graphic copies made and allowed three days time
for that purpose Mr. F0ctt urged the utmost dispatch
I'm tue matter ln order relieve Mr. Dalton, who, ho
said hal been acting throughout under legal advice