82

With the assent of the counsel and the State, the petitioners
were allowed to remain at liberty, upon the assurance that
they would be present on Tuesday to abide the decision of
Judge Bartol.

TUESDAY MORNING, Nov. 13.

Precisely at 12 o'clock, Judge Bartol proceeded to read his
opinion, for which see page 8.

REMARKS OF COUNSEL.

Upon the conclusion of the reading of the decision, J. H.
B. Latrobe, Esq., counsel for petitioners, addressed the Judge
as follows:

It is proper I should say that the proceeding by mandamus
on the part of the Police Commissioners, Young and Valiant,
whom you have adjudged to be entitled to the franchise of
their office, in order to obtain possession of the property and
effects thereto belonging, was that which their counsel had
advised them to pursue from the beginning, and the Commis-
sioners and their counsel alike regret that the remarks made
by Mr. Valiant, as proved by Messrs. Fuller and Ball, and
referred to by your Honor, and which I am authorized by Mr.
Valiant to say were his own exclusively, and made without
the knowledge of Mr. Young, should have rendered it neces-
sary in your Honor's judgment to hold the Commissioners to
bail on the charge of conspiracy to do that by the strong arm
which a more peaceful remedy would have lawfully effected.
Even had your Honor's opinion in this connection not been
expressed, a mandamus would have been resorted to, as it
will now be resorted to, if necessary, to obtain the property
and effects belonging to the Board of Police. The Commis-
sioners will at once give their recognizance in the sum pre-
scribed.

Thos. S. Alexander, counsel for respondents, then addressed
the Judge as follows:

The counsel for the Commissioners of the Board of Police
ask permission to state that they advised the Commissioners
that the Governor had not rightfully removed them from their
office of Commissioners, and it was in consequence of this
advice that the Commissioners resolved to retain office until
the question of title was properly determined on mandamus.
They state, further, that on being informed of the declarations
made by Mr. Valiant, which were proven by Messrs. Fuller
and Ball, they advised the Commissioners that such declara-
tions were evidence of conspiracy, for which Messrs. Valiant
and Young might be held to answer before the Criminal
Court of Baltimore city, and that it was the duty of the said
Commissioners to lay the evidence of such declarations before
the State's Attorney for the city, in order that he should take