New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1859-03-18
LAV LNTELLKGENGK.
UNITED STATES CIRCUIT CUUK--aARcn IT,
heforr jnc e. lAGkRSoLL.

Seforr jucs isGERSoLL.
JURISDICTION oF FEDERAL AND STATE COURTS.
James H. Warner sst. isssc ' Fosler
TIE defendant, the Postmaster Of the uned S,ateS
for the City OF New Io.k, WAS sled by tue plant 10
tue Supleae Court OF the State for wronguy refusing
to deliver t. the plaintiff cortaiu etters whcn through
the mails came e the Post. 'e ~ New ork directed
TO "Dr III Monet Il CO.. Nes.NJrk, and wnic letters
the plaintiff Clams were icterded TOT him anu Nhl)n,
81 lac inests, he has right to osve dehVeei % ai9
The defendant in refusing TO deliver the letters ia
oestion is acting uader colo az the laws ottne United
States in relation the Post Office Dep Artme Mt, and ia
pursuance ofs right given lin by said Act
By the third section OF "a &C Of Congress, pA led
The 2no Of March 1898 (ivcl of Stat Large, p.63)
II provided that when q sut or prosecution shall oe
meBctd in Court of aty ate, aglnst any ON 'er
az the United Safes otscT person, or or % Hodhs
If Any act dOre under the revenue Laws OF the United
states or under color q oreof for or on account II
ary rights authority, or title set up or claimed oy
officer other psron, under any sneh sw ot the
Uniec States it hall be lasta Tor The deicndaet at suy
ni,d states in district witch che cefsndsG
have served with ress t'rth t1e return .,
c,rthcae signed atouey or counselor ,~ OF oms
tcu u Record Of the stat~ IA ~hic the ah haA sas been
need he DATED sa.es setlE ith that as can
l oT c petitioner he hss examined the P1ooeeens IS go
hn aid has cele-ly ioqnIea nto te .s1 .'Sa
pieeLSg the 20 tho said Circuit Court IN session aaa
II not CLERK thereof bis ofcr the said cause sai
hcieupou be ene docket Of Circuit Court snd
be- thereafter proceeded in originally commenced In
nat Court duty OF The cerG Of SAID Circuit
mons wit Of o,rtioAfi the state Court reqstas
Court send TO the Cir nit Court tho record sad pro
o-eoiDss IN the aid II ~as commenced 0J cAP's
uplc.te OF which sba BE- delivered TO the Cofs OF the
State CouIt, left at as oih'e ~ ms Mashsi
by person daily slthodEed sud hersupon mate
TIE duty Cour. all further pfocsed1s In
such and the sad sui. ~hon dens,y OF .lca pocs
with Ck Of the State Colrt or leo a. his disc, snhi b.
drcsed and tAseu be removed tho Circuit Court snt
further Iooeees ia the STATE Court 'hal DO wholly oe aud
Nv III. petition Court when msde In pursuance
of the requirements Of law The cause eeed on toe doSe OF
had been llefs ed And The sger ptocsedins
cc',G or haJsa ep~ aua made the duty OF lne
Court al further oroceedn IN such state Court
and suy proceedings ia TIE sa's voar a!er such es'
o'd, haba' epr' cum eIa'd Ao debated to De- nad ana
void.
The hays been served IN the sapteme Court Of
Tie for act b. him as Posnasr u9d,f color OF
Of Untsd States In reaien IN the Poe, Office De-
and account Of at osaei by the de-
given him duty required of hi by the laws
the United States no the steps required by the above
rrsa act Of Congress- Of The "A Of nArch 1883 f tho removal
of the from the supreme Court Of tue saEs lnto hi'
Court claiming that the which !, the fOurdon Of toe suit
BY under the laws of the ited States
under color thereof and in puaanoe OF night given hnl
plaintiff aterwnd before hi. Court and mste his
motion 70 have eaanced 70 te Supreme Court OF '
nto this Court ysa.ed on the ground tnas tue
80 o. 1 ~, Ins s 90 81 In, :, So ,,bn ss
uesnIs Of these ern J are u,sd in toe above res ted
laws within the meaning Of thes terms tiey used that
~ Of eOBsrtsS Is the only question presented.
Tue Of the State the Goe Ct taxes excise,
,ou dutes-wboh IL oousG receives into TIA Treasury
for Tu9hc IL the Income "ce receives to enable h 10
perform IL. proper functions And .s. relating to tho
Jaws laws ensc,ed In reference
70 the sbner IN which the officials employed in such collection
shall conduct
Be direct OF inoHec when cocced are tos revenue Of tao
state tn It's income. A they the Of the
state all egusDg such sad glyns rules Tor
tbtr collection are. taxes relating 20 the reysn
Tne duty Psa fer carriage Of eits ths agency Of Gov
ersment Of times mos important bsaoeh Of the pablo
nue. and tho lave est 10 tbs sane are Of the greatest mpor
Aeo W tie eyetut FROM nis duty he OoYenmea IN lines
OF var a. tLe 1Ben from the Income ic5m
materially Impaired and b. cre issd, derives
essOztis part Of toe rsgoG1s
states upos the importation OF fosn soOds into the country
the VI Tic State aud The regulating cOsc
Of duties and prescribing raes ON
poJee such are ASs relating 70 tho rssenue
TLs conceded But such duties the
State ths collected ugacr
tie Oc- laws OF United States for carriage t
pq,hc mails rsye1us sls.s. Asd tao
Laws guls.rs tie collection Of dutiI upon i'm
Po@on 81 Eeisn goods ns9 tae eoo9ty aud presshbins
tsie., laws relating me
tie avs ~Alch regulate s mode collecting da,ss
tor the carriage Of etseis IN he poc mails or witch Pc
se the conduct II officials In ths collection Of such
Oas Of tee ears.t Po.tof,s .o tbs, Of Feb D. lTso
IN the a section STA. a. Large Js speaks OF toe eur
Til. at Nay S,h I79i Sec "a ii ssa1t.s Las- p 5s7
sSeA1s VI tbs income from Toe Post est~ os
statutes L1s l0 arse,s the P.ymeu; Of The ~
te DeP.Ttm.E - ia toe Of he Ees-nus Of
Is ssrut.s Large az directs tbs. ta- r,e.ae .rlas "a tas
Po-o pspsmu Dc raid into the Tfsasay Of tie atsd
The Ae. CT Coogross Of the Sat Of Nay ss At Lvss
tl provides TIA. hnsl jroyn-uts 10 any Ccsi Cogrs
Of -. United In any civil as'iOn brolgh.
b. the Jared erferesnsH. Of
0 lie tL,ec states bs rsxSunsd and reversed -,
6r supreme Court Of Gtsd stsss upon Wi. II
error, SfynoGt sATd % the IL c.l.rOyepy.
H. he II the United ets.., PAny y How'd g.
which scisn q ass. fuaded upon the 0a Of
P0s: CGe law u ksTch 1870 Post
Office lsv 9 law Of United sA.ss. A. ~:
cone unesr sood then b. AZ don- under ae
lsys Of the United States under color tasreos."
With tbs ytg OF 10 case, be held TIA, Il
propJ removed ir; the slpreus Court Of ne sac into
th Cont, AID hat .he motion r-Lrsad tie
denied.