Evening star. [volume] (Washington, D.C.) 1854-1972, 1894-05-04
Judge Miller Tells Reincarnated
Carl to Shut Up.
TRYING TIE COMMONVEAL LEADERS
Coxey, Browne, Jones. Andrew
jackson and Others in Court.
JU RY OBTAIN E d

Police Court. When Judge Miller entered
his temple OF Justice at 10 O'Clock prepared
TO try the cases of the United States
against Jacob S. Coxey, Carl Browne and
Christopher Columbus Jones, he found
there assembled a most motley crowd The
room was packed with real and imitation
members Of the bar jurors, witnesses and
an outer fringe OF queer looking characters
wearing the bedraggled badges of the COM
monweaL Carl Brownies day of Geth-
semane" had come. and he was about to
face the law.
Array of Counsel.
Mr.. Andrew Lipscomb appeared for Mr..
Coxey. and MIR. Hyman stood as legal
sponsor for Browne and Jones Mr.. Iaps-
comb announced that Senator Allen OF
Nebraska would appear later in behalf OF
all three defendants. to argue upon the
constitutionalty of the act OF 1882 under
which the infornations are drawn. Dis
trict Attorney Birney and Mr.. Mullowney
appeared for the government
Opening Guns.
IT was after 40 O'Clock when the case was
taken up. Mr.. Lipscomb at once entered q
motion to ouash the information, on the
ground that the law under which IL was IS
sued was unconstitutional. restricting the
right to assemble and petition: because Il
]
Speaker of the House unconstitutional pow
ers. and because of uncertainty I'm the
wording.
Mr.. Mullowney said that Mr.. A. A. Birney
was TO appear for the government in this
case and he requested that they wait for
him a few minutes. Mr.. Lipscomb acQui-
esced, as Senator Allen, who was to argue
against the constitutionality OF the act.
was not yet in court.
The delay only lasted for a few minutes,
however. and then the lawyers got down 10
the case in earnest.
Mr.. Mullowney had filed an amended in
/ formation, but the difference between
this ana the first one was only a minor one
the motion to quash covered both. In the
Few Information the men were charged
With stepping on the grass and turf. in
stead OF ''injuring'' IL, as at first charged.
Lawyer Hyman, for Browne and Jonea
entered n motion to quash on practically
the same grounds as the other, adding only
the article that the value Of the grass trod-
den on was not set forth so as to bring the
case within the Jurisdiction of the court
/ Judge Miller remarked that the question
OF constitutionality was not properly the
ground for a motion to quash. Ii should
have been a demurrer. so Mr.. Lipscomb
changed his motion accordingly, but Mr.
Hym2n took the position that there WAS
plenty OF ground for a motion to euash.and
he would leave his as II was.
| Mr.. Hyman then argued at some length
on his motion. holding that the Information
was faulty drawn. I'm that IL did not show
done. and so IL was impossible TO tell under
which clause Of the statutes the information
was drawn. Judge Miller insisted that this
point was not worthy Of argument. for. by
petty larceny might prove that he had conn
mitted grand larceny, and so escape pun
ishment for his act.
Mr.. Lipscomb. in support Of his motion
argued that the statute under which the fn-
formation was drawn was defective inas-
much as IT did not set forth the locus in
quo; In other words. although the title OF
the act stated that II was for the protec-
ton OF the Capitol grounds. the act did not
say what roads. what turf. The act was
loosely drawn, and. far as appeared I'm IL
II mlsht apply to any streets. or grounds. in
the city. and was not restricted 10 the Capi-
tol grounds The Supreme Court had de-
cided that the title or enacting clause Of an
act could not limit or extend the act ITSELF
senator Allen Argues.
Senator Allen Of Nebraska was then in
troduced TO the court by Mr.. Lipscomb 10
speak TO another branch of the subject
He said that he appeared not as a retain-
ed attorney. but simply 10 see that these
men had a fair trial apart from any feeling.
local or national that might attach to the
tined.
Mr.. Allen based his objection to the in-
formation on the second clause Of the de-
murrer. viz: That this statute was fatally
deIectiNe when u gave 10 the Speaker Of
the House or the President OF the Senate
the right TO limh n enforce the provisions
OF the act This practically gave to the
SDeaEer and 20 man who Was not n
member Of either house the sovereign right
o. repeal. a right that belonged TO the iecis-
lGtive branch OF the government. The right
might Just as well have been conferred upon
the governor OF Nebraska or the Car OF
RUSSIA. The statute was defective because
IL deprived the legislative branch of the
government OF certain OF its functions
which were guaranteed by the constitu-
ton.
The clause I'm the statutes to which Inc
defense objected was the one which conferp
uron the Speaker and the Vice President
the power to set aside the provisions OF the
act on certain proper and public occasions
and 10 allow the grounds to be used for
ceremonies and celebrations.
This case, said Senator Allen. was bound
to attract great deal Of attention through
out the whole country, and he called the
attention OF the court to the first amend-
ment TO the Constitution, which forbids
Congress from passing any law establishing
or interfering with any religion or interfer-
ing with the right OF free speech. the free
dcm of the press and the right OF petition
Ihe right OF the people TO congregate at
the seat of government and there peaceably
to petition the lawmakers was right that
Was insisted Upon very firmly by our
colonial ancestors.
4 Police Regulation.
Mr.. Allen. continuing. made an earnest ana
eloquent speech upon the rights of the
American people 70 assemble and petition,
and the body which the people desire 10
petition for redress CT their grievances
vas in Washington their right to assemble
here should never i'm any way he abridged
The right of petition which was recognized
was not a limited one. and the people were
revcr forbidden to enter the District OF
Columbia TO petition Congress. nor should
they be prevented from assembling in any
particular place.
How about the Senate chamber Sena-
tcr?" asked Judge Miller.
Senator Allen said that he was coming to
! that point. He thsn went on to make a
| fine speech about rights and the Constitu-
| tiCn. but Judge 1iller called him down. he
cause, as he said. there nothing in this
case. in the law or the evid ence, TO war
rant such an address. There was nothing
! in the statute which. by the most arbitrary
! construction. could be made 10 appear as a
restriction upon the proper rights Of the
people. 1t simply police regulation
pas sed by Congress for It's own protection.
Others assembled in the very building.
continued Mr.. Allen. lobbyists for good aad
I bad purposes. and no objection was made
/ to them And quiet. law-abding
nan, though visionary and following an
icnus fatuus. Ike CoNcy, Was hustled out
! OF the grounds Ike a aialefactor We have
| fallen uDCn evil times when 4 mans riChta