Evening star. [volume] (Washington, D.C.) 1854-1972, 1888-05-14
THE RIGHT TO TRIAL M juicy.


WRIT or HABRAs CORPUS 0RDRRED-THR PERSONS
CONVICTED Had RIGHT 10 TRIAL BY yuHY-m.
cALLAN R1LEAsRn.
The Supreme Court to-day rendered an opinion
In what Is known as the musician boycott case Of
Callan ct al against A. A. Wilson, marshal OF the
District Of Columbia. Callan and others were
convicted In the District Police Court of consptrng
to break up the business Of another musician who
declined 70 comply with certain rules OF the
MUSICIANS Union. Callan demanded . trial BY
jury, and this being denied, application was made,
after he had been convicted, for witt OF habeas
corpus which was denied by the Supreme Court Of
the District Of Columbia An appeal was taken
to the Supreme Court, which reverses the judy
ment OF the lower court and orders the granting
Of the writ, thus releasing Callan from custody.
The decision was based on the ground that the
Of trial by jury.
MrozrANc. OF TIE Dzcrs1ox
This decision has been looked forward to with
very great interest as one involving the consti-
tutionality Of the Police Court. It was rendered
by Justice Harlan and was quite voluminous.
citing many rulings and precedents. The result
was that the judgment Of tine lower court was
ress sss aes o sGf tSs 81
Justice Harlan says: "The contention Of the
petitioner s that he is restrained Of his liberty In
the provisions OF the Constitution az to the iishI
OF Lila, 15iai py jury, the opinion proceeds:
OSQ0lI Cn6 QOys
eminent implies II it does not cOncede. that IL
Congress should furnish the Police Court with
grand jury and authorize that court to try, with
committed in the District, even those for which
punishment was confinement in the penitentiary
such legislation could not be an invasion Of the
CONSTITUTIONAL right Of the trial by Jury, II the
accused, after being tried and sentenced In the
Police Court, were given an unobstructed right OF
the case might be taken. We Cannot assent to any
sucn Interpretation OF the Constitution. Except
ing onenses Of that class or grade called
principle OF the common law, might be proceeded
against summarily in any tribunal legally consti-
y to ae o. an
cution, conducted under the authority Of the
United secures 70 him that mode q trial
charged. In such cases a Judgment Of con-
S VIC I not based upon verdict Of guilty.
seasonably demanded by the accused, Is absolutely
void: To accord to the accused the right to be
been once ially tried against his protest. osher s
pay pay 80 nas, :, IT,. be imprisoned tss
REQUIREMENTS Of the Constitution as it was under
when, therefore, the appellant was brought be-
fore the Supreme Court or the District and the
fact was disclosed that he had been adJudged
formation in this case without having been tried by
a jury, although one was demanded, he should
nave been restored TO his liberty. For the reasons
stated the Judgment is reversed and the cause re-
manded with directions to discharge the appel
liant from custody"
EFFECT OF THE DECISION.
Among lawyers different opinions were ex-
pressed as to the effect OF the decision but the
general opinion seemed to be that it related only
to the classes of cases described; that 1t does not
abrogate the general powers OF the court.
The decision Of the court to-day settles
the case OF Callan, who is released from
custody. The action to be taken in the
cases OF the defendants in the boycott cases con-
victed with Callan in the Police Court will not be
determined until next week.
EFFECT ON THE POLICE COURT.
As the decision os generally understood it only
Affects the cases brought in behalf Of the United
States, and win not lessen the number OF cases
brought before the Police Court. They Will be
presented on warrants which the court will still try
only hear the witnesses for the prosecution and
II the charge is sustained to the satisfaction OF the
court, the cases will be sent along to the grand
jury In these cases are included all simple assaults
lights and tr1fing thefts, and in many instances
1t would cost the Government q large sum where
the fne would probably not be more than 81. II
such Is the decision the duties OF the prosecuting
attorney Will he materially lesSened. Heretofore
such cases as conspiracy and libel were
the grand jury, but some months ago
the Court In General Term in rendering
decision in the case OF the United States against
Marshal 1t was held that the Police Court had
power 70 try such cases, and since that time
think that the court is given power to try all mis-
demeanors the only question being what is q
m1Sdemeanor.