Daily globe. [volume] (St. Paul, Minn.) 1878-1884, 1880-03-02

fourteenth amendments, Justice Field MAIN
tains that according to his understanding of
their purport and meaning there is no warrant
for the act of Congress under which the
indictment of Labor was found. The
arrest and Imprisonment of petitioner was I'M
constitutional and his release should be Or
d,red. Those who regard the independence OF
the States in all their reserved powers, and
this included the independence OF their ieslsla-
tive, judicial and executive departments, as
essential to the successful maintenance or our
form of government, cannot fan TO view
with the gravest apprehension for the futurc
the indictment in court of tho United States
of a judicial officer of State for the manner
in which he has discharged his duties under
her laws and of which she makes no complaint.
The proceeding is a gross offense to the State.
1t is an attack on her sovereignty IN matters
over which she has never surrendered her Jurls-
ction. The doctrine Which sustains it carried 10
its logical results would degrade and sink her
to the level of mere local municipality cor
poratiou. For if Congress can punish an OIL
Ger of State for the manner in which he dis
charges his duties under her laws, it can Tx the
nature and extent of punishment. 1t
NAV imprison for life or punish
by his removal from office, and if it can make
exclusion of person from jury service on 40
count of race or color criminal OHenEc, 1t can
make their exclusion from office, on that &C.
H.,
the doctrine the failure to appoint them to Of
fee will be presumptive evidence of their ex-
clusion on that ground. To such result he
thinks the doctrine legally leads.
The legislation of Congress was founded and
is sanctioned by this court, in its opinion.
upon theory as to what constitutes equal
protection Of the laws, which Is purely
speculative, not warranted by any ex-
perience of the country, and not in
accord with the understanding of the people
as to the meaning of these terms since the Dr.
ganization ofIthe government. Justice Clifford
concurs in the opinion of Justice Field, and
read long dissenting opinion of his own in
the case of Tennessee vs. Davis. Adjourned.
No. 1859. o. NJ. Hatch and John Williams,
appellates, vs.. Chas Dana. Appeal from the
United States circuit court for the Southern
district of Illinois.
This was a suit to compel two of the stock
holders of the insolvent: Republican COM
pany'' to pay so much of a balance found I'M
paid on their respective subscriptions to the
stock of that corporation shall be sufficient
to nav a Judgment of S6,419 and costs, OBJ
tanned by Dana in the United States circuit
court for the Northern district of Illinois.
The main point Of defense was that two of
the stockholders could not be singled out and
sued separately, but that all the stockholders
should be made parties. This court holds,
however, that the liability of subscribers to the
capital stock Of company is several and not
iuint and that while the presence OF all stock
holders might be convenient, it is not neces-
ssry. The decree of the lower court is there
fore affirmed with costs and interest.
No. 146 The town of Roberts, plaintiff in
error, vs.. Matthew and W. S. Bolles, in error,
to the circuit court of the United States for
the northern district Of Illinois.
This, also, is suit upon municipal DGuus,
viz II pom bonds issued by the plaintiff in
error TO the Hamilton, Macon Eastern Rail-
road company. This court holds. as in the
preceding case that the municipality is liable
for the payment of its obligations. Judgment
of the lower court affirmed, with costs and in-
tCrrSt.