Evening journal., 1921-11-12
JAIL DOORS
OPENED FOR
KOSLOWSKI
CONTINUED From First Page.) }

Continued From First Page.)
Koslowsl<i will mean that those
prisoners now confined in the Work
house on charges OF Contempt Of
court In not paying non-sup-
port money are being illegally de-
tained. Officials at the Workhouse
said that there were ten men in the
institution at present serving indefi-
mite periods in connection with nom
support cases.
Following the order OF the re-
lease Of Koslowski in the u. S. Court
today, Superintendent OF Police
Black and Sergeant Wilmer X.
Hahn swore out a new warrant for
Koslowskrs arrest. charging him
with non-support, but Mr.. Adair in
sisted on Koslowski remaining in
the Federal Building until he Sc
cured bondsmen. superintendent
Black knew that he could not ar
rest Koslowski in the Federal Build
ing and after waiting for some time
he informed Mr.. Adair that he had
a warrant for Koslowskis arrest.
1t was then agreed that Koslow-
nhA HAANhAh Nh'tOiiiNdnl Ant D0lAlt ~
the police headquarters where bail
should be arranged. In the mean
time Koslowskd was allowed to re-
main in the police rest room while
bondsmen were obtained. He later
obtained bail in the sum Of $500 and
was released.
Following the dismissal OF Kos
. lowslSi by Judge Morris It was said
that under the State law as inter-
preted by Judge Morris, defendants
charged with non-support hereafter
would be sentenced to one years
imprisonment with the sentence
suspended pending the paying Of the
non-support money ordered by the
Court
City Solicitor Reuben Satterth-
waite. represented the city in the
case today.
Judge Morris in his opinion COW
ering II long typewriter pages re-
views the Koslowski case in Mu-
nicipal Court and the habeas Corpus
proceedings before Resident Judge
Rice Continuing Judge Morris sets
forth the Federal law comforting au-
thority on the court to issue a writ
OF habeas Corpus, to examine the
proceedings OF Municipal Court.
"The scope of the authority thus
conferred by Congress upon the
Federal Courts to grant writs of
habeas Corpus for the purpose of an
inquiry into the cause of restraint Of
liberty where the petitioner is i'm
prisoned under authority OF a State
has been many times considered by
the Supreme Court"
Judge Morris continues and quotes
from the case Of Royal, and of New
/ York VS.. Emo. Judge Morris adds;
1.-Two basic questions are, there
/ fore, presented in this cause, viz: %
whether the petitioner is held in Gus
tody in violation Of the Constitution
I OF the United States, and, if so. then
(2) whether the facts and circum-
stances OF the detention are such as
TO warrant the exercise of discre-
ton vested in this court in favor OF
the petitioners discharge. Forum
ately we are not without the authori'
tative assistance of decisions OF the
Supreme Court OF the United States
upon each of these points. What is
due process of law without which,
as provided by the Fourteenth
Amendment TO the Constitution, no
state may deprive an individual OF
his liberty, was considered and de-
fined in Caldwell V. Texas, 1877 u. S.
| 692. 697."
That case is quoted by Judge Nor
ris. who adds:
"In view of the foregoing clear
and plain enunciation of the funda-
mental principles it is not surprising
I to find that the same court has de-
clared that the imposition of a SEN
tence. by a court upon a defendant
/ in a criminal case, unauthorized by
law or in excess Of that authorized
deprives the defendant of his lib
erty in violation OF the Federal Con-
stituton, for. in such case, the exer-
else Of power is special. partial and
arbitrary and is not controlled by
laws operating on all alike"
Several cases are quoted and judge
Morris continues:
1T becomes manifest without the
citation of additional cases that q
sentence OF Imprisonment imposed IT
criminal case without warrant o.
, law puts-the person sentenced in Gus
tody in violation OF the Constitution
This is a government of laws and no
Of men and the power OF punishment
Is alone through the means which
the laws have provided for that pur
pose. BY the protection of the Law
alone are human rights secured ant
the laws which protect the libertie
Of the people may not be violated o.
set aside even to infict upon tn,
guilty unauthorized. though merited
justice
.Disclaiming any assertion OF ;
. general power of review over tn
judgments Of the Municipal Court IL
criminal cases 1 shall now proceel
to inquire whether that court ha,
power TO render the judgment. tina
5 is impose the sentence. by which tn
petitioner is imprisoned. The stat
utes Of the State OF Delaware ma
4 terial to be here considered In thi
r connection are Sections 30S4. sos
A and 304O of the Revised Code o
{ Delaware, 1915"
After quoting those laws Judg
Morris continues:
"As herein before appears the rec
ord discloses that on March Is tn
I Municipal Court made an order al
T recung the defendant to pay twent
| dollars periodically TO an individua
approved by that Court as truste
and releasing the defendant fror
custody on probation upon his enter
ing into a recognizance without sur
ETY.. and that such recognizance wa