Evening star. [volume] (Washington, D.C.) 1854-1972, 1913-09-10
W0[AT|0NOF WRIT
AST0UNDS LAWYERS
Westinghouse Declare ThaW
Can Obtain Damages
for Action.

Washington attorneys and counsel
ors in the service of the government
as we'll as In private practice were
astounded today, to use their own ex-
preston. to learn that the writ Of
habeas corpus under which Harry K
Thaw was to have been produced be-
fore the kings bench in Montreal
September Is had been violated.
They declared that the present instance
Of such proceeding is the only one
recalled. during other than war times.
and advanced the opinion that the con-
tempt involved is certain to meet with
prompt punishment. in addition to which,
under the law, the attorneys assert that
Thaw can recover heavy money damages
from all concerned In taking him from
the custody Of the kings bench. in
which he has been since the moment
that court issued it's writ of habeas
corpus.
1t is further declared in Washington
today that the sense Of justice among
that there may be a political overturn in
Canada as result of violating the writ
OF habeas corpus.
The law as to the writ of habeas cor
pus. Washington attorneys point out. is
the same in Canada and England as it
is in the United States. It is in all Anglo
Saxon countries the English common law,
and since the time of Magma Charta,
during the reign of Charles II. 1t has
been the great safeguard OF the peoples
OF Anglo-Saxon nations. In all other
civilized countries of the present age
there Is similar law.
Provisions Of the Law. ~
The American and English Encyclopedia
of Law. the standard authority on Eng
lisn common law, states:
1.-The writ of habeas corpus is para
mount to and supersedes all other writs
and processes under which the party may
be detained. Therefore. tie rule at COM
mon law is that on the return Of the writ
and the production OF the body of the
party by whom or for whose benefit it Is
sued out. the authority under which the
original commitment took place is super
seeded. After that time. and until the case
is finally disI Osed of, the safe keeping of
the prisoner Is entirely under the control
and direction OF the court to which the
return Is made,
'"The prisoner is detained not under
the original commitment. but under
the authority Of the writ Of habeas
corpus
by the great habeas corpus act Of
Charles II obedience within a time
it has been held that If the first writ
be not obeyed an attachment must
issue Immediately. The English stat
utes also prescribe a penalty to go to
the person injured, and this provision
| Is usually incorporated in the Ameri-
can statutes on the subject"
1t Is declared here that the case Of
Thaw. as 1t stands today. is exactly as II
the Supreme Court OF the United States
had ordered the immigration authorities
at the port of New York, for instance,
to produce person before 1t on q GER
tain date, and the immigration authori-
ties there. acting on the order of the
commissioner general of immigration,
had. notwithstanding that order to pro-
| duce. deported such person.
Failure Constitutes Contempt.
The failure to produce such a person
for whom writ of habsas corpus has
been issued constitutes contempt, and, in
the case OF the disregard of the writ in
Canada In Thaw's case such contempt,
| 1t Is said, IS rendered all the more serious
by reason Of tt fact that the writ was
issued by the highest tribunal OF justice
in the Dominion. the kings bench.
It Is recalled today that several years
ago a man was convicted Of q crime In
Tennessee and ordered executed, where
upon the Supreme Court of the United
States issued q writ Of error, which act
| ed as a stay Of proceedings. In the
| meanwhile n mob took the prisoner from
| the possession OF the Tennessee sheriff
and han ,ss .h HIM The Supreme Court
| ton and sentenced him for contempt of
court to a term In the District jail. which
| he served.
During civil war days Judge Wylie
/ re hn nsotr jNt - TN~I,, -
writ Of habeas corpus in the case OF
| Mrs Surratt. to inquire into the legal
tty Of her conviction for conspiracy to
| assassinate President Lincoln. but he
was compelled to acknowledge himself
poWerless to enforce the writ, as the
| right OF habeas corpus was suspended
(act of March II. 1869 by the power
| vested in the President under tho Con-
stitutiOn to suspend the right OF habeas
( corpus during war times.
Other habeas corpus writs were issued
| In civil war days, but Secretary OF War
| Stanton disregarded them on the ground
that the safety Of the government de-
manded the continued custody OF the
| prisoners.
Canadian Minister Punishable.
There is no special punishment for a
| the violation of any order Of court under
the common law is contempt, and Is pun
ishable Washington lawyers declare that
the minister Of justice of Canada. acting
| for the minister Of the interior. who has
| charge Of the immigration officials Of the
Dominion. Is. under the law, clearly pun
| ishable by ordering his subordinate to
| take a step which would p. event them
| from doing that which the kings bench
| Of Canada ordered to be done. !. e., pro-
duce the body OF Thaw In that court on
| q certain day.
Gov. Hatfield of West Virginia has ap.
pointed Henry 8. Green. editor Of the
i Morgantown Post-Chronicle. as state his
torian, and G. 4. Bolden, editor OF the
Charleston Mail. as state archiVist