The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-10-18
MINUS THE CORPUS.
Attorney Wiley's Client Shrinka
From Fame.
TITLE TO POLICE JuDoEsHIp.
Argument Before Judge Humes Of th<
sspsrior court-A willing victim
Finally Secured.

% serious matter e Z habeas corpus pro-
ceeding Is capable Of becoming ! yehicle 81
nemof. i did 90 Yesterday when It 1850 the test
GO q the police court was called. Attorney
whey. with mountain of authorities before
MN. sat In Judge Humeg court number Of
attorneys gathered in the court 10 listen. 4
jury was enRag.d hearing case, and the par
ues waited patiently. 0utsids the rail with
grave imperturability sat Chief OF Police Mon.
roe TO relieve the tedium, Mr. Wiley walked
over % him and asked casually, s.Where II
your prisoner. Chief -
turn 70 the writ Do you need one here7''
No corpus!
with unrufled gravity Chief Monroe regarded
the proceedings - the most ordinary legal rou-
une, and II he saw the excruciatine humor OF
the situation he did not show It, but was only
concerned to know that he had done what was
right
when Mr. wiley got over his sstonishment
ne got the return from the clerk and sat down
20 read It. while the attorneys chuckled and
snlekered in subdued way, undrr the frown
q tne court, who wss In ignorance of the cs use.
Wnen ne could get hearing City Attorney
Lyon arose and said:
MAY II please your honor, In the matter of the
napsas corpus writ. ! wish TO read the return"
ne then read Chief Monroe's affdavit that Ct
O'Clock on the morning Of the 18th inst the writ
ned been served upon him. but that O'Clock
the night before James Shea, the ssCorpur," hay.
ing worked ont half of HIS punishment paid
the balance In coin and walked out Nobody
naa any right to stop him. but It the door one
@ the omcers halted him with the remark, .ssay,
alnt you the Habess corpus?'
"Whst dye say? Corpus my foot" and he
VINO might have been the central figure in . cell
eprefe0 caee walked on IN ordinary stdrunk."
ne nAd sobered mp and either forgotten or en-.
tireiy misunderstood that he was the hinge
upon which hung grave constitutional quea-
ton.
Il Glanced. however, that smother opportunity
onered and John Kelley, charged with drunken
ness. pleaded not guilty, but was aned S or
committed for ten days writ was immed,-
ately taken out in Judge Humes' court and .
return promptly made by Chief Monroe.
ClV Attorney Lyon read the commitment
attorney Wiley addressed the court. saying he
ola not detract from the ability of the gentle
man who framed the charter. but only to seek
settlement Of the question as to whether there 10
police court or not He then recited the cir
cumsfances connected with the election and
the subsequent proceedings
Judge Humes interrupted to say that the
court Wa avefse to trying the title to this once
on habeas corpus proceedings
Mr.. Wiley fasd . writ of quo warranto would
NOT lie, ana he offered 10 submit authorities to
IN on that this question might properly be
raised on habeas corpus There must be some
means OF redress for the defendant
The court-This requires me to make decis-
Ion which involves the right TO an Office with.
out giving the holder an opportunity 70 defend
himself There f. no appeal from this court on
naOeas corpus PROCEEDINGS.
with al due deferencs." replied Mr.. Wiley,
Il think an appeal does lie.D He quoted the
appeal oct of 1890, Is Pacific Reporter, page 208,
and decision by Judge PAtters in support Of
his view. He. read ct considerable Length quo
tations from proceedings - to the police court
Of Los Angeles which presented similar features.
He then argued that there must be de lure
court. the once must exist In law II either writ
Of quo warrento or writ Of prohibition Is to lie.
The action Of the court in the Los Angeles case
was that the charter under which the police
court was created WIS constitutional Ana valid
but anything In It contrary to the constitution,
including the creation Of police court, was In.
operative
City Attorney Lyon said a. the court had
raised the question . 10 the form OF proceeding
he would like time to consult some authorities.
Mr.. Wiley said this was one Of the most i'm.
portant questions ever raised in the courts Of
King county.
The judge said he appreciated that fact and
desired therefore to proceed regularly.
Mr. Lyon asked until Monday % Saturday Wa
motion day: but Mr.. Wiley said the liberty OF
the complainant was involved and the court set
O'Clock today for the hearing.