Daily press. [volume] (Newport News, Va.) 1896-current, 1898-08-07
CLAIMS AUTHORITY
Has Justice furness Power
to Arrest at Old Point !?
Mr.. COLLIER DENIES IT
Why the People OF Phoebu. want to In
corporate the Town. Has :, Million
FIFTY Dollars.

1t is quite probable that the article
printed i'll the daily Press Il tew days
ago calling attention to the Importance
OF new laws for the apprehension and
punishment OF persons guilty ui Grim
!nal acts at Old Point Comfort will bear
frat in the early future. The matter
VIII be presented for Congressional con-
sideration at next winters session ana
When the General Assembly meets
again the Virginia law makers will be
asked to take steps in harmony With
the action of the National Legislature
Since the publication Of the Daily
Press article the Subjec, has received
the attention Of many lawyers and
justices of the peace and all agree that
1T is one of paramount Importance. The
Prevailing impression is that as the law
now stands State officials have no ju-
fSdlction on the reservation beyond the
power to arrest persons charged With
otfenseS committed elsewhere ANA serve
writS upon men whose presence is re-
qulred in the civil courts as witnesses.
Justice Fairness. of Chesapeake mag
lSterial district. diSSents from the gen
era! View, however. holding that under
an act passed by Congress and assent
ed t. hS the states in which there are
Fedora! reservations cnvironed by leg
iSiative conditions similar to those
which prevail at OLD Eoint. justices of
the peace are empowered to ISSUE war
rants for the arrest nf persons charged
with crime. The opinion of Justice
f'urnesS is based upon Il sta tement by
Hurst. in one IT his most celebratea
works. That distinguished lawyer says
that the law referred to was enacted for
the purpose of preventing the ends of
justice from being defeated by reason
Of the absence from the locality in
which the crime was committed of Fed
cral officials. Adopting this View, Mr.
F>urnesS insists that While he is not au-
thorizel - punish the offender, he may
cause his apprehension by a constable
give him Il preliminary hearing and, if
convinced by the testimony that he is
guilty of the charge filed against him
remand him for trial by some United
states tribunal.
The opinion Of the Chesapeake just
ice certainly accords With sound com
mon sense. For example. had it been
acted upon last week, when Mr. VII
liams WAS assaulted by a negro arlne q
With a spade a man wiro seems to have
had it in his heart to commit murder
would at least have been compelled TO
stand trial before a magistrate instead
OF being permitted to so scott free
Commissioner Waller desired to call the
fellow to account but could not do so
because there WAS not n deputy mar
shall near to make the arrest But Com
monwealth's Attorney Collier takes is
sue with Justice Furncss and also With
MIR. Hurst. White it may he true. he
says that such an act as that quoted
by the distinguished Virginia writer
was passed by Congress. he argues that
IT was not ratified by the legislature of
this State. The action taken in Vir-
slnia did not confer upon justices Of
the peace any such power Il fact which
he adds. is established by 4 decision of
the court OF appeals. Mr.. Collier may
DC right. but if SO. it is hard to under
stand Why the General Assembly
should hesitate to enact n law which
had found favor in other states and the
evident purpose of which was to pro-
rcct citizens Of the commonwealth. The
unWisdom of such procedure is strongly
emphasized by the failure of the lcgs-
lat,'re to provide Il substitute FOR the
rejected Congressional statutes