The Anderson intelligencer. [volume] (Anderson Court House, S.C.) 1860-1914, 1878-07-25
Conflict OF Observation-Disclosures Rer.
siiaT's DecisiOn In tic Revenuo
Cases.

The concluding passages of the opinion
of Judge Kershaw, upon the motion to
transfer to the United States Court the
proceedings against the Revenue officers
who killed Amos Ladd,e were published
yesterday. Judge Kershaw refused the
motion. The reasons which governed him
In coming to this conclusion are given
hoth clearly and freely in his opinion. and
We shall endeayOr to state them as briefly
as is compatible with On understanding
OF the gravity of the questions discussed,
ana the monlentous importance of the
| matter in dispute.
The facts upon which the application
for removal were based, as derived rom
the recitals Of the writ, are that the pria-
oners, United States Marshal and Deputy
Collectors of Internal Revenue, who were
in the discharge of their duty in this Dis
trics of South Carolina, are now held in
the common Jail of Greenville County,
| together. with G. w. Moose, to answer
before the Court Of General Sossicus for
Anderson County, charged with feloni-
ously killing Amos Ladd, of the County
OF Piokens, whereas it ia alleged that
the killing of the said Amos Ladd by the
said Hugh P. Kane, William Durham,
Robert p. Scruggs snd G. w. Moose, was
done b3y them while in the discharge of
tneir duty, acting as o posse aiding and
assisting the said G.. w. Moose, Asputy
United States Marshal and u ;, y Col.
lectoE OF Internal Revenue, under orders
and by authority of him, the said G. w.
Moose, Deputy Marshal and Deputy Col
rector as aforesaid, VINO had warrant
Issued by United States Commissioner
OF the District aforesaid, for the arrest of
Q party charged with violations of the
intefna! Revenue laws and in search of
Illicit whiskey; and that all the acts done
Dy them were in self-defen0e, the said
Amos Ladd having assaulted and resisted
tne said Deputy Marshal and Deputy
charge Of their duty as such Depntv
United States Marshal and Deputy Coj.
lector of Internal Rsyenue.n &C. Filed
With the record in the State Court are
asaidaTits of the prisoners stating tho acts
done by them and the attendant circum-
stances, specifically and in detail nre.
pared and used in the State Court upon
their application for bail there. The
question. for Judge Kershaw TO determine
was whether the prisoners had entitled
themselves to an order staying the pro
ceedinge in the State Court, and surren-
dering the prisoners to the custody of the
unitef States Marshal. This was Claimed
under se3tion 648 of the Revised Statutes
OF the United States, aud .'if the net cited
- applicable to this case, and if Congress
had the power to legislete to. that effect.
the motion must prevail. Otherwise, It
nuat be denied" The authority Of Con-
gress "to make all laws which shall ba
necessary and proper for carving into
execution" the taxing powers of.the gov
ernment cannot be questioned. Has
Congress exercised the power of legiala-
tioh to the extent claimed by the prison
ers, and ID such legislation. necessary
and properW The cases subject 10 be
transferred to the United States Court
under the act referred to are indicted
thus: Where any civil suit or criminal
prosecution is commenced in any Court
OF 9 State against an officer appointed
under, or acting by authority Of any
Revenue law of the United States, y
CT against any person acting under, or
by authority OF, any such officer. on ac-
count of any act done under color Of HIS
Office or of any such law, or on account
of any right, title or authority claimed
by such officer or lother person under any
such law, the said suit or prosecutions
may, at any time before the trial or final
hearing thereof, be removed for trial
into the Circuit Court next to be holden
IN the district where the Same is pend
tTil;, 10. - AS> = &c sc. dnnA hv lha nTfsnner
yea "nothing less than tho shooting to
death OF citizen OF the State, d you'll,
standing, when hrst fred Into, in the /
door CT his mothers house, nth whom
he resided, and in the presence of the
family, and finally and fatally shot down
IN the yard Of the homestead by another
OF the prisoners, as he fed, wounded, /,
from tho 'fifst.2 b
Judge Resghaw holds that, If the ofI;se.
Gay aStAe.A Dy Sszy7 s-5 sFsf=fss;s
such IS Is set mp By them could authorize
the net done, then the act Ini ;aEiit be said
TO have been done under color of tho
Office or authority. Tarpin ys. BFannon,
". O. 20; I Jacobs lew Dictionary.
90l.l The warrant under wiiich thev
claim to have acted IS said 70 hare been
fos tho Srrset oi' e person ehasged with
ptyiolaion of the ialerglal Reyenue lawc..
his ofeucc isnolhing more tian q mis-
dem enilok9 a VaEFant 70 ayiest for "a.
-llistl ealg9no not cqil, lint,e tsst6n