Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1819-11-26

10y District Judge. That actlonls brought !
as by endorsement 10 answ er that amount |
OF damages, for forcibly and violently |
entering The Office of Discount and Depo- !
site OF The Bank OF the United States, in !
The town of Chillicotbe, Ross county, and
state Of Ohio, and uniawiully taking away ,
from said Bank and vault, the sum OF
Si2o, 425, in specie and bank notes wi eli
armis.) That refusing TO give bail in HAT
amount, they were taken into custody, and
lodged IN said gaol. That they acted
under the authority ola warrant issued by
The Auditor Of State, bearing dale the 18Th
September 1919, commanding John l..
Harper 10 tlevy The lax imposed by The
state OF Ohio, by a law passed the Sth day
OF February, A. ID. 1919, on the Offices of
Discount AMI Deposiie of the United
States Bank within this state, which
should continue doing business after the
frs, day ot September. 1919, by entering
the banking house aud levying on their
specie aud notes, Il demand aud refusal
being had. in removing the amount TO
Columbus, and deposiiing the same in the
Treasury of Ohio. That The amount TAX
ell was 10 secure the tax Of S lOO,O aud
| surplus returned to said BaHk. That
they are able, aud willing and ready 10
prove, that one or more OF the stOckhold
ers OF The said Bank, are residents OF this
state, and citizens thereof. That they
are advised, that said writ and proceed.
lngs are null aud void, as issuing from a
Court having no jurisdiction OF The case,
| and that II Is IN other respects defective.
| That They consequently Gas the Cause of
action be not meritOrIous OH the part of
the plaintiffs) have been Improperly and
Illegally restrained of their liberty, and
copy OF writ referred to, in The usual
form, and special endorsement of cause of
action, with the order of the Judge i'm
form.
After argument, Mr.. King, Mr.. Akin
SON, OF the part of the applicants MIR.
Bond, Mr.. Grier, and MIR. Scott on the
ed till Monday The Sth of November, for
opinion.
OPINION.
The case as exhibited in affidavit, and COPY of
ur7t, &c. &c. and presented an argument, leads us
HrSt TO consider the jurisdiction Of our court BIZ
thifo d-cie OF the constitution Of state, the ju-
rtSdtction an all matters of i1l and eguity Is resi-
ca IA supreme court, IN courts OF common Meas for
edch county, &c. &c. an such as shall be diiec
ted by latc By the Judiciary act Of 1916, no,o in
force, a general power is conferred on common
pleas, rith fe,o exceptions. Gy the act of 1911
securing the beneit 81 The ,p,it Of Ha6eas Corpus
authority Is giren single jadse Of those courts to
aHor trrttS Of habeaS corpus, all cases Of illegal
| Imprisonment, ana restraint Of liberty; and hear
| ana determine the matter, and discharge let TO
6dtt, or commit ut discretion On uppiications for
dtSchd'Se riien copy ~ commitment is produced
discretion as ererciSed, either TO uiiOtu OF reject
the Application, especially utter argument, By the
court or single Judge and TOr prudential reasons
thS method 1CaS ADOPTED an this case. II the con-
! SHutton ana idDs 81 iae state, 1ere prerOgdtire
ana allegiance ana yidety Otced ercilsireiy to them
mere coad DC htte dispute ana digrcuty coming
TO q conclusion on TINS point Bui zoe are ereI to
heep an raew, that our state is only a component
part oj grand c0'yederucy, constituted Uy the
people OF these United States, az order to form a
more Pe'Ject aHtcn than before te better to pro-
rtdeJ0r justice, tranquility, and common defence
| fOF ueSe eRdS, maci and ample pO,cer ana means
are Stcen ana deteS0ted and they are to be useu
ana administered ntttrg and controlling stdtes
ana az IN authority. Inc sirth article IF coaSti
tution ~ eo eGeT0cy, requires ali oicers ana Iunc-
ttonui2eS 20 tdke an cath or affirmation Of ailtsi-
anre aud jtdetity; and sumo article informs MS .
'hat the constitution anu dHtaWs " the u. St.tes
uhtch SRatt De made lt pursuance thereof ana ali
tredtieS made, or which shall be nude, under the
| authority Of the United States shaa be the M-
| pre'ae tar ~ the lana and the judges IN every
STATE, shall DC bound thereby, any thing IN the con-
| Sfuafton or Mcs " any state to the contrary not
| UithStaHGing.
Ihis teads us to the second paint, the limitation
JnTtsdtetton, "htch tRr0!reS questions of Ricetu
dO0ut uhtch, there mare OeeR much c0ntroUersy
among Judges ana JurtStS IN THIS country; ana thcy
remain nHdehned and unsettled, b. jmatciatauthorS
| ty, as appears by . Johns. Rep. Z3y. Halls La,
journal. But an this cLse, ice deem il sumeient to
rger 20 he tarS. IN theJudtctdry act Of the Uni
fed States Is found, an the ldth section of Gray-
dons digest, hcjurisdictioa respecting this wIit.
| an these U0rds =" AT ne courts OF the LIn,tuo
States, snail haze potcer issue, lCrtts or sc,re
| facIas, nabeaS corpus, ana all other ,crit, not
SecadHy pT0rded for 6y Stdtute, tchich MAJ bene
Sury JoT the 6rGrctse % theB respective juriSic-
tons, and ogreeobiy to the principles and usages
" iaw. did either Of heJuStices OF the supreme
court as toeh as Judges cthe district Courts shall
IN Mt yJsyJ ~ 4 If,l.
purposes Of an enquiry into the cause Of commit
nsnt. Provided, That writS Of ha6eas corn,,x
shat an no case eTtend TO prisoners in goaI u,ipss
When they are an custody u'ider or by color of an-
th0Thtyot the United States, are cou,1ittSJ f.
trial before some court of the same or are neceso
~ to be brought INTO court to testify" SureJ,
TINS fdU rests no Ordindte jurisdiction in ~
state Courts; and they hare no good right to ns.
sumo it,
Thirdly, the color ofauthoyify or iv,;sd;ct;o, nj
The circuit court Of The United States Vrer tbe sy5.
Ject o. imprisonment By the third art;cir of The
constitution Of The United States, the jvdcjoi po,o
en- shdH ertfadf TO all cases in iaU ard e1uify orj
Sg nnder me constitution, and the lars of the IT,
9!dtes &C. Sc.fo controversies betreeR citizens Of
nG'rent states, DC. sc. The charter of the bauE.
or tdw 81 Incorporation, erp essy rests Jurisdiction
~ me circuit courts Of the United States and gires
the state courts cO-ordindte iurisd;cfjon JfnJeT
the ehdrter Of old hank of 1871, it was drferu;ncd
ny supreme court of the United States as reDoyipd
IN and Cranch, that there ,cere no prOre,s grant
o. J"riSd'ctton to The courts Of the United States
| orcr the case and Cifhod an arermenI c5aro.,
terizing the WhOie Of the stocLhoLdIrS c;t;1e, If
different stdtestrOm the dctenani, Jurisdiction in
| perSoaam, could not be maintained CongresSG or.
| tng dect1td the bank necessary and proper, to
yac".me ana curry INTO eject The operations of
'ne HScat department Of the government, and con-
aHuted the stock incident to. and the presidenf.
directors, and company, agents of, tint deparfne,d
me gorernment, Is as much bound in pripciple to-
gre yac,,uy ana efficacy 10 its operations by en-
d M oh 10 IL Ii