Sacramento daily record-union. [volume] (Sacramento [Calif.]) 1875-1891, 1889-11-01
Attorney-General Johnson's Motion to
Advance the Neagle Case.

Attorney General Johnson's Motion to
Advance the Neagle Case.
Deputy Attorney General Johnson yes
terday received from his father, Attorney
General G. A. Johnson, copies of the two
motions made last Monday in the United
States Supreme Court, to advance on the
docket the railroad tax case and the cele-
brated Neagle case. The motion to ad-
vance the former was granted, but the time
for hearing in bank was not definitely
settled upon.
1t is not known what action the Court
took on the motion to advance the Neagle
case. General Johnson's motion was as
follows:
In the Supreme Court of the United States.
Thomas Cunningham, Sheriff of the county of
Appealed from the decision of the Circuit
Court of the United States for the Ninth Cir
cult, Northern District of California
Now comes the appellant and moves the Court
here to advance the SAID cause upon the docket
of the Court, ard to set the same for hearing on
the 18th day of december, 1889
Showing cause for said motion appellant
states: The really material facts which are
brought into view by this motion are few and
not complicated, although the record now being
printed is lengthy. and contains large amount
of matter not affecting this motion, or the
grounds upon which it is based
After reciting the essential facts of the kill
ing, and proceedings held in the Circuit Court,
the foregoing sta ement discloses with substan-
| tial fullness and accuracy the character OF the
case brought here by said appeal. And on these
facts in support of the motion to advance, the
appellant assigns the following:
first-That the question of jurisdiction ofsaid
Circuit Court, which is presented by the appeal,
is one involving conflict between the powers
and Jurisdiction of the CirCuit Court of the
United States for the Ninth Circuit, Northern
District of California, and the Courts of the
State OF California in matter of the very high
est concern and affecting the sovereignty of the
two Governments, and the Jurisdiction of their
respective Courts in relation to The protection of
the life and liberty of the citizens thereof, and
is a matter which has not been explicitly passed
upon by this Court.
Second-That the said action of the Circuit
Court of the United States has had the effect of
arreSting, and for the time being at least put
ting an end to the said prosecution, under The
laws of the State of California, for the said hom-
icide, admitted to have occurred within the
body and Jurisdiction of the State of California,
and away from the presence OF any Court, and
alleged to have involved the crime of murder;
and the State of California, as well as all other
States in the Union, and the people thereof, as
it is confidently believed. desire that such mat
ter of conflict of jurisdiction should be speedily
and finally ended by the judgment OF this, the
highest Court of the land and the people.
During the progress of the case the Circuit
Judge, Sawyer, stated that the question in
yolved was most important question, and
ought to be definitely settled Dy the Supreme
Court of the United States, on the appeal, taking
by one party or the other OF said pending case.
Associated with Attorney-General John
son in the railroad case are Samuel Shella-
barger and ]. w. Wilson, of Washington.
In the Neagle case the two Washington at
torneys are also engaged with Zach. Mont
gomery on behalf of the appellant