Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1879-10-16
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WASHINGTON.
Argument in tho Jurisdiction Case from
Virginia Before the Supreme Court-Bus-
iness of the Patent Onace-Mi scellsneous.
SUPREME COURT. - -
WARRINGTON, Oct. 15.-No. original OK
parte, Commonwealth of Virginia, petitioner.
This case comes before the United States
supreme court, upon application from the
Governor of Virginia, for . writ of manda-
mus to compel Judge Rives, of the United
States circuit court, for the western district
of that State, to return to the State authori-
ties two criminals, whom he had taken out
of their custody for retrial in his
own court. The facts in the case are
we'll known. The subject matter of the
controversy raised is an abstract ono of iu-
risdiction. The complaint is that Judge
Rives has invaded the sovereign rights of
the State. The question presented is,
Which has jurisdiction to try these prison
ers, the State or the United States. Tho
attorney general, Field, and Judge Robert
son, on behalf of the State, argue that there
are cases in which the common wealth of
Virginia is q party in its character as a SOW
ereign State, and that an in
ferior federal court, created by
act of Congress-, can never, under
any circumstances, be clothed with power
to deal with State or decide any question
of controversy with, her respecting her or
r;a;r ont 0f hor oS,o
amendable to judicial tribunal. under the
constitution, that tribunal is the United
States supreme court. They argue, further
more, that even the latter has no control
over the State or its courts, except when q
federal question is brought before
it by writ of error from the
State court of last resort; the State courts and
not United State courts are exclusive tribu-
nails for the trial of offences committed
within the State and against its laws. Coun-
eel for petitioner further maintain that Sec
| ton GAL, revised statutes, upon which Judge
Rives based his action, does not confer the
| jurisdiction claimed. The right to have q
jury of particular race or color, in whole
or in part, is not one of right which the
statute in question secured. It merely extend
ed to colored race rights already existing and
enjoyed by white citizens and provided that
these rights should not be denied to colored
citizens.
Finally counsel for petitioner declare that
the State of Virginia has not denied to any
race or color the equal protection for laws,
that the action Of Judge Rives should be de-
clared null and void, and that the writ of
mandamus prayed is the only appropriate
and complete remedy, as there seems TO be
no right of appeal or writ of error to this
| courG.
Attorney General Devens and w. w. VIII
loughby, opposing the petition for man
| damus, urge:
First-That the supreme court has no
jurisdiction in the present case, that the
commonwealth cf Virginia refused to make
itself party to proceedings in the circuit
court, that this petition cannot, therefore, be
considered as anything in the nature of an
appellate proceeding therefrom and that
State can't institute an original suit in the
supreme court in controversy like this be-
tween itself and its own citizens.
They argue, second, in defense of Judge
Rives' action, under act of March 8, 1875,
every person has right to q trial by jury
constituted without discrimination against
his own race or color, and that in the present
case that right has been denied. White men
may have jury of their own race and color.
Negroes cannot. White men cannot be SUBJ
jected to any prejudice against them on ac-
count of their race or color. Negroes may
be. It was Just this discrimination which
the fourteenth amendment was designed to
pr event. ..s
They argue, third, that although the duty
of extending to all persons within the State
equal protection, it's laws were originally as
sumed by the States and still remains there;
yet if any State deny or permit denial of
this right of equality, and if such denial is
based upon the ground of color or race,
then the power of the United States may
enforce this guaranty of equality to the OK
tent that it is denied. The fact that a State
is one of the parties in such case
is immaterial. All cases involving
supervision of federal judicial power, even
though the State be party.
This point is argued by counsel in opposi-
ton to the petitioner at considerable length
and with full citation of authorities. They
disclaim the right of the general federal
supervision over the crimiual law of State,
but maintains its constitutionality when .
! federal question is involved, and when equal
protection of laws is denied by the State to
any class of its citizens.
The argument will be concluded to-mor-
row by Judge Robertson on behalf of tho
petitioner.
THE PATENT OFFICE.
WARRINGTON, Oct. ia statement of
the operations of the patent Office for the last
fiscal year shows that during tho twelve
months ending June 80, last, 1890 applioa-
tions for patents were received and 2,6H
cavets filed, ~, patents issued, 1,547
trade marks and labels registered, and 268
patents granted but withheld for payment of
final fees. The total receipts of the Office
were $7O3,146, being 1854, 1876 in excess of
Its total expenditures. The acting commits
sioner informs Secretary Schurz that the
recent reductions in the amount of the ap-
propriations made by Congress has not only
crippled the Office seriously, but have began
to dry up the sources of revenue.
THE WHITES AND UTEs. ...
| WARRINGTON, Oct. 15.-The following
telegram was received at the Indian bureau
to-day: Los Pinos, COL, Oct. Ito the
Commissioner of Indian Affairs, Washing
ton: All is quiet. No danger of trouble
from Indians either near or remote unless
precipitated bv evil cOunsels and cOndnct of