New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1888-02-09
NEW PHASE OF COERCION.
lotion TO DIsoUALIFY IRISH MEMBERS
A RUMoR THAT THE TORIES INTEND TO TRY TO
UNSEAr CoMMoSERS wH) HAVE
BEEN IN PRISON.
Ibt SAiLE 10 me TRIBUNE
CeDu,-idlf 1899 IA, Th> Mana Yorl- T,.iI.,,.s

BEEN IN PRISON.
lBr CABLE rRIBUNEI
Copyright: 1888: By The Nep- York Tribune
LONDON, Feb a." The st. Jamcs's Gazette' pnb-
fishes rumor to night that the Government intend
10 move, probably to morrow, that Irish members who
have been convicted under the Coercion act DO held
disqualified to sit In Parliament This would seem
an Infatuated course, but from a Government which
has allowed Itself to be led with the absurd excuses
OF Mr. Bafouis reign in ireland anything is possible
The Queens speech Is to express the Tory idea Of
having this purely English session, which Is to have
nothing to say 10 Ireland and IS to be occupied solely
with humdrum matters concerning railway rates and
The revision of parish boundaries This notion Of
escaping from the Irish Nemesis happily hit of
by Sir William Harcourt last night, who said it ap
peared as If somebody who had committed a serious
crime hoped to avoid arrest by talking to the de-
tective about the weather
But the most import ant concern of the week for
Ireland Is not what the Government will do to
regarding tho imprisoned Irish members, nor the
Dephfc uterances Of the Queens speech but the de-
cslon given by tho Court Of Exchequer in Dublin
yesterday touching the administration the Coercion
act Magistrates have been carrying out their
extraordinary law and sending people to jail by whole
saio without any revision save by County Court
Judges, who, class equally plant creatures OF
the Castle Mr.. Healy the other day brought the
case OF a blacksmith, sentenced under the Coercion
act for boycotng, before the Court of Queens Bench
and asked for writ OF certiorar TO quash tho Mags
trates decision. The Queens Bench refused to
tertan the case at all Mr. Hcaly brought the case
to the Court Of Exchcquer and invoked its ancient,
inherent jurisdiction. After four days hearing the
Lord Chief Baron and the majority of the Court have
decided that they have the right to review the de-
clson Of Crimes act Magistrates and having gone into
the evidence In this case have ordered the prisoner
to be discharged.
Coercion Magistrates have held that refusing to
work for, sell to, deal with anybody constitutes a
criminal conspiracy The Lord Chief Baron declares
It does such thing, and that such refusal without
other evidence of conspiracy does not constitute an
offence under the Coercion act
The effect OF this decision In the first place will be
to destroy the efficacy of the Coercion act against boy
cotting, and every shopkeeper artisan now in Jail
for this offence stands good chance Of being lib
Grated. In the second place it provides that every
person sentenced under the Coercion act appeal to
the most upright of the high courts in the land, no
matter how his sentence may be manipulated, and
have his tried and tho decision Of the Magistrates
revised by the three independent judges OF the Court
Of Exchequer
This contamination. which has been mainly brought
about by the splendid legal genius Of T. NJ. Healy,
must play the very deuce with the Coercion act which
depended for its efficacy upon the responsibility and
immunity from Judicial review of the half pay captains
and promoted policemen who were appointed to ad
minister 1t. The act in any case has practically
broken down II has been six months In operation ,
G57 persons have been prosecuted in that time, OF
whom $40 have been dutifuly sent TO prison. II we
add the 253 persons prosecuted within the two weeks
Of February shall have upward OF thousand peo-
pie prosecuted In all, formidable figure.
But the list Of offences reads lko vaudeville Two
boys yesterday sent to Jail for month for laugh
ing at policeman Others have been prosecuted Tor
carrying tar-bares. lighting bonfres refusing TO sell
Iamp globes and boot aces to emergency men, singing
ballads and selling newspapers. The irish people
were not likely to be frightened by what American
newspaper has apty called such nursery Coercion.
Not branch OF their League has been put down, not
a newspaper slenced, not a combination under the
Plan Of Campaign broken up. And last week at the
Morley Ripon visit a specimen of their en-
thuslasm aud high spirit. T. Z. GILL, NJ L.