New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1892-09-14
ANOTHER SURPRISING WRIT.
u-pGE BARNARD TO THE FRONT AGAIN.

HE ISSUES CURIOUS MANDATE IN THE IN
TEREST OF a. NJ. PALMER AND OTHERS.
The prlncipal subject before TIE Governor and his
advisers ut the Windsor Hotel last night was the way
in which the writ OF habeas corpus Issued yesterday
bv Judge barnard and served upon Health omcer
yenkins commanding HIN 10 produce the oOo or more
cabin passengers Of the Normannla before MIN AT
O'Clock this morning in Brooklyn should be dealt WITH
The writ read as follows:
"The people Of the state OF New-York 70 william
r Jenkins Health Officer OF the Port OF New-fork
The Commissioner OF Quarantine. the employees. SER
wants and associates Of the Health Officer, and any
person acting In concert with him:
We command YOU that yo, have the bodies OF A. NJ.
Palmer and 600 other persons whose names arc I'M
known but who are. lately WERE passengers In the
cabin OF the steamship Normannia. by you Imprisoned
and detained as II Is said, together With him ana inc
c,use of such IMPRISONMENT and detention, by what
ever name said persons may be called before me-
Justice Of the Supreme Court Of the state OF New
York. at the County Court House, In the city OF
Dropklyn State OF New-York on the 18th OF Septem-
her, 1892 at O'Clock n. m, to do aud receive wha'
shall then and there be considered concerning them'
and have you then and there this writ.
"Wltness the Honorable Joseph F. Barnard
r. j. Supreme Court in the City OF Brooklyn and
state Of New York. this 18th day Of September loo'
Judge Barnard placed this Endorsement upon the
process:
"Thc withl1 writ Is allowed this September 13 1sO2
The Health officer Is not required TO produce inc
persons on whom this writ acts until after the de
clson upon the return OF this writ Is rendered
a. +. BARNARD, Justice s. c.
"Rogcr VI. sherman, Attorney"
Professor Collin, the Governors counsel, corpora
ton Counsel Clark and Assistant Corporation Counsel
plandy were closcted with the Governor for a long
time During tho evening several trcgIams were
sent and some received. but tho utmost secrecy was
observed whit would be the course OF The Statc
authorities II was said that the process issued by
Judge barnard could not bo regarded rs wnt OF
habeas corpus from legal point OF view, because the
very essence ~ such writ Is the order to bring the
BODY or bodies Of the persons who the subject OF II
befgr the court. This the Judge had vitat'i, by
expressly wnivng the requirement TO produce the
bodies OF l1c passengers. That this made 1t OF no
more effect than An order to show cause. seemed To
be the opinion II thVse I'm the Governors confidence
That the object Of the process carefully con
cocted plot 10 get the passengers away from flrc
Island ard break up tho scheme OF keeping quar-
anuned passengers there was agreed Late IN the
evening Corporation Counsel Clark said that no definite
plan Ind yet been decided upon and that would
be settled upon last night. II was rumorcd. never
thee.. that the Governor was considering the Qucs
ton Ms 10 whether he possessed the power as Chiri
Executive Of tile state 10 suspend IA writ Of habeas
coryus In suffolk County. IN which Fire Island Is In
GUIDED and that he had tclcgnphed the Attorney
General for an opinion that point II was said that
eminent Constitutional lawyers here had been applied
to and were at work on tnis point A.. T.. =. a..
/, the Governor shall be satisfied tint he has th'
p,rrr laid "A citizen Who had seen him during the
evening he Will The first thing In the morning issue
In suffolk County This will put sudden end to
Judge Earuard's wit