Seward daily gateway., 1923-09-01
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IL IS ulSulS pIUUdUlc luc cuC1 O. Court. sitting at Valdez this month will be asked to define the authority and powers of a United States deputy marshal, and whether he can arrest and incarcerate a man without war rant and due process of law, Consid erable complaint has arisen over sev. eral arrests by deputies to the west ward, who have used their official powers In what it's citizens feel is an arbitrary and unlawful manner. And according to attorneys for the defen dant, it is more than probable that these powers will be tested in suit for damages against Marshal H. P Sullivan and his bondsmen.
 Recently Mr. Joseph Consiel, d member of kenai's four hundred while engaged in preparing a tooth-- some breakfast fer Alf. Douglas Dun. can, was approached and requested to step outside by Deputy Marshal Fleck- enstein. Mr. Consiel acceded to the request, although appareled only in slippers and pajamas, and was told by the deputy that the commissioner de- sired to speak and hold converse with MT. Consiel. Given no time to dress, MT. Consiel was abducted from his bed and board by the officer, and aft CT travelling for a few minutes the deputy produced by some legerdemain a piece of artillery the size of a Big Bertha and pair of handcuffs.
 Consiel, as befits a sovereign citizen of the United States, demanded to know what he was arrested for and asked the deputy to produce a war rant or other paper. The deputy said he did not need a warrant, and guess ed his artillery would serve in lieu of such, and at the point of the gun, handcuffed Consiel and took him to an office of the deputy at the cannery of the Northwestern Fisheries Company.
 MT Consiel thought it strange for the Federal government to have an office in a private cannery, but said nothing, mushing along in good order with the exception of his rather dia- phanous clothing. On arrival at the office of the deputy, MT. Hill was found there, also a deputy of the ur- bane and popular Harvey P. MT. Hill immediately cleared the decks for ac- tion by telling MT. Consiel he was ar rested for vagrancy, an uncOnstitu- tional sin in a city where man tolls not and does not have to spin. He is again reported to have asked to be shown the warrant and also to be talk en before the nearest commissioner, a MT. Lashbrooke, distant one mile, to give bail.
 Deputy Hill replied, Y do not have to have a warrant. I am United States marshal, evidently forgetting that recent reports credit MT. Sulli- van as trying to administer the office. At this juncture, George W. Palmer arrived on the scene and offered to go bail for Consiel for any amount. The two deputies refused bail and forcibly drove, took and Restrained the person of the said Consiel, with the assistance of J. Lindley Green, on board launch belonging to the aforesaid Northwestern cannery and proceeded ninety miles to Seldovia, and placed MT. Consiel in the jail there operated and kept by MT. Sul- livan and presumably the Federal government.
 Here, three or four days later, after he had been held incommunicado, aft ter the manner adopted by the Span ish government, MT. Consiel was tried before Chief Justice of. the Peace An derson at Seldovia, and with all due alleged legal procedure sentenced to remain in jail and pay fine for the alleged selling of fermented and spir- itous liquor at Kenai, sometime pre- vious to 3 man named Jay Newton. MT. Newton was then undergoing slight correction for an offense in the jail operated by Mir. Hill, Mir. Con.