Evening journal., 1889-08-19
COURT AGAINST COURT.
There VIII be a Struggle Over
Nagle's Corpus.
srATE ANnNArrnN arIrf,Ar rrAn
STANDARDIZATION ATLEGALWAR.

Interesting Questions That win Como
Up for Decision When Nagle's Trial
occurs-A Small Army Of Lawyers Al
ready Engaged on the Case.
SAN FRANCISCO, Aug lo--Justice Field
remained in his apartments at tho Palace
hotel, while Deputy Marshal Nagle enjoyed
the freedom Of the county Jail. A small
army Of lawyers has already boon engaged Ia
the case, which is probably without a prece-
dent in the history Of American iurispru-
dence. In this city popular sentiment is
divided, though the general opinion is strong
ly in favor Of the action Of Marshal Hagle
and against that Of the San joaquin county
authorities in subiecting justice Of the su-
preme court Of the United States 70 the
indignity Of arrest on a charge Of murder.
At Stockton, however, and in Fresno
county, where Judge Terry WINS well known
and generally liked, the feeling is decidedly
the other way The action Of the Federal
court IN assuming jurisdiction in the case is
denounced as the usurpation Of the right of a
state.
The Question of Jurisdiction.
The question of jurisdiction is doubtless
the most important issue and viii cause
bitter and probably prolonged legal contest.
The position taken by the Federal court otli-
cials is that homicide was committed by a
Federal officer in the discharge Of his duty
while be was within the jurisdiction of the
United States court. Justice Field, in pur
slance OF his duty, had adjourned that court
In Los Angeles that he might open It's next
u, Gas,
could only do this by proceeding from Los
Angeles TO san Francisco by the shortest and
most expeditions route In making the jour
ney, which was part Of his official duty in
going from court room to court room, as it
were, he was accompanied by marshal Of
the court. Whether or not that marshal had
been specially detailed by the attorney gem
eral to protect the person Of the justice does
not seem to be regarded as a material point
IL Was Gross Contempt of Court.
It is contended that the justice could not
exercise his judicial functions in accordance
with the law without making the journey in
question. Therefore, the assault by Judge
Terry at I.athrop, an eating station on the
road, was not merely On attack on Stephen
J. Field, the individual citizen, but an as
sault on Justice Field, engaged in the exer-
else of his duties as presiding judge Of the
circuit court It follows, Of course, the
premises being granted, that the assault hy
4 Terry constituted gross contempt Of court,
and that the action Of the deputy marshal
was La the strict line Of his duty as an officer
of said court.
The other Side Of the Case.
Oh the part Of the attorneys for the state L
win be claimed that both the assault and
ghootirlr yrrs crimes sftatlsf tho laws III fha
state, that ordinary process Of law should
prevail, that the question Of jurisdiction
must he raised in due FORM and that it rests
with the state court to decide on the ques-
ton thus presented
1t is asserted that the Federal authorities
have no right 70 assume their view OF the
facts as established and proceed TO act on this
assumption before the matter has been passed
on by the duly authorized courts Of the state
It is evident that there is work ahead for At
torney General Miller.