The evening times., 1896-12-02

Judge Jere NJ. Wilson is busy preparing
the petition to the United States Supreme
Court in the Elverton X. Chapman habcas
corpus case.
1t is the last resort OF the recalcitrant
sugar broker outside of the writ Of pro-
hibition asked Of the same court in his be-
half. hut which, it is generally believed,
will be denied.
The history of the Chapman case af-
fords an interesting illustration of the
ways by which the process OF law may
be retarded and perhaps finally defeated.
After the indictment against Mr. Cha p
man had been returned by the grand jury
lie pleaded not guilty, and then his at
torney demurred to the Indictment The
case was originally heard in the supreme
court OF the District and the demurrer WAS
overruled. The case was appealed to the
court of appeals, which sustained the court
below.
Then a petition for a writ of habcas
corpus was presented to the Unites States
Supreme Court, but was denied on the
general grounds that writs should only
issue after every other means OF obtain
Ing u legal remedy had been exhausted
TRIAL OF THE CASE.
The case then was tried on its merits
in the criminal court and u conviction was
obtained by MI. Birney Then an ap-
peal was taken tD the court OF appeals.
which. later. reaffirncd the lower court S
verdict.
Thereupon a writ OF error was sued out
and allowed. and submitted to the United
States Supreme Court, but it was dis
missed day or two ago.
The next step is to surrender the prisoner,
Chapman, into custody and present peti-
ton 10 the United States Supreme Court
for writ OF haheas corpus to test the CON
stitutionality Of the section OF the Revised
Statutes under which the conviction was
obtained.
The questions are most interesting, but
Mr.. Birney thinks that ne hasleft the defense
without leg to stand upon, and the de-
fense is inclined to fear the worst, which is
thirty days imprisonment in the District
jail.
The points in the present petition are,
briefly, that the questions asked Chapman
by the Senate investigating committee We're
related to his private business and con-
stltuted an unlawful and improper search,
as prohibited by section of the Revised
Statutes.
SENATE'S POWER.
Again. the Senate is alleged to tie with
out power or Jurisdiction 10 inquire into
such private affairs, and that its power
is to he prosecuted only in aid of the eXer-
else and execution Of one OF the duties of
the Senate, and the petitioner will argue
that the record Of the Senate and the reso-
luton fail TO show that the investigation
was instituted for these specified purposes.
The ihird grounds because section l02
OF the Revised Statutes, under which the
indictment was returned, is both unconsti-
tutional and void, berausc il is an attempt
on the part of fsCosigress TO abdicate the
powers and jurisdiction bestowed by Con
grcss on the tworhOuscs in order To punish
contempt Of their authority, and because an
attempt is made i n the present case to trans
fer that power 10 the criminal court of the
District of Columbia
The Ia ST point Is that Congress has no right
TO confer upon the criminal courts the iuris-
diction to punish the same act of contempt
az a miSdemeanor. as that would add this
punishment to the power of the houses re-
spec,iyely,
These views are practically those sub
mlted in the firstpctition for habeas corpus
Before presenting it. the custom is for the
mandate upon the last decision dismissing
the writ of error to be sent to the court of
appeals. According to the rules. this is done
at the end ofthirty days hutthe attorneysun
both sides Of the case havethe right o bring
IL down upon motion at any time prior
thereto.
SERVES THE SENTENCE
Then the District attorney notifies the
bondsnan TO brin. in the defendant WHO'S
then delivered into the custody ofthc United
States marshal and enters upon theservice Of
his sentence.
III the present case, Judge Wilson, counsel
for Chapman. win so arrange il that the
mandate is delivered this week. and before
his client has been locked up thirty minutes
he Will have the petition for habeas corpus
before a justice, or all the justices of the
Supreme Court. This is the la st ance. and
Mr.. Chapman's counsel fear that eventually
their client must 20 to JAIL
Mr.. Birney will not begin to try the cases
against the other recalcitrant witnesses
until after the decision upon the petition for
la beas corpus. IL that is speedily brought
about. Otherwise, he is at liberty to 20
ahead at any time and push the defendants
over tile road to the Jail.