The sun. [volume] (New York [N.Y.]) 1833-1916, 1890-07-06
QUIZ GREATEST QUESTION.
CoNSOLIDATIoN OR NoTp
Conflicts Between Federal and state
Authority.
TIE CALIFORNIA CASE.

open TO very grave criticism. inc nrSJ OF
these which l shall notice is tho case OF
EEAoLE, the deputy marshal who killed
TERRY last August in California. in defence
of Mr.. Justice FIELD. The important facts
are the following:
I'm August isSs, Mr. Justice FELn, presiding In tho
Circuit Court OF tho United States at san Francisco
along with Judge SAWYER, Circuit Judge, and Judge
sAsE District Judge Of Nevada had occasion TO punish
DAVID TERRY and his wife for outrageous contempt
OF court TERRY sentenced to imprisonment for six
months and his wife for month. During their i'm
prsonment and after their release both OF them openly
threatened the life OF judge FIELD at the nrst
opportunity These threats made In the hearing OF re-
spectacle witnesses became so notorious that the Az
torney.General OF the United States authorized Mr..
FRANKS tho United States Marshal to detail an ocsr
90 attend Judge FIELD wherever he might be in the Calf
forna circuit and to defend him against any violence
shat might DO offered to him by TERRY his wife. 1t
was believed by the Attorneyeneral and by the Mar
ohai and tho District Attorney that Judge FKtDs life
would be in danger from the TERRYs II he should ever
enter that State again. The Judge went to California
again In the summer OF 1889 to discharge his official du
sizes the Justice OF tho Supreme Court OF the
United Statos assigned to that circuit Tho Marshal
directed ono Of his deputies DAVID NKAdtA TO attend
Judge FIELD and protect him NRAGLE accompanied the
Eudgo wherever he travelled after he returned to CAor
mia NEAGLn being armed with revolver but the Judge
himself carrying weapon OF kind. on the 18th OF
August Judge FIELD accompanied by SEAGLE was trav.
OllinR from Los Angelica where he had held circuit
court to San Francisco, whore no was to hold another
circuit court when the train stopped at Fresno for
moment early IN tho morning TERRr and his wife en-.
tered It. Tho train next stopped at LAthrop for
breakfast Judge FHLp, attended by NEAdLE
went into the saloon In tho station house to
obtain breakfast and they took seats together
ut OF tho tables Shortly after TERRY and his
wife entered the room. hrA TERRT recognized Judge
PtELn and went out in great haste. TERRY passed be-
yond the Judge and took seat at another table 1t was
aferwArd Asoertained that Mrs TERRY went to the
and took from Il satehol In which o revolver Be-
fore she returned to the eating TERRY from
hisSsAt and passed behind Judge FELD, who did not
him notice him. Tho Judge sitting with his feet
under tho tabla TERRT struck him . blow oEe side
OF his face and repeated It on the other side TERRr
also had his drawn back and his DIST doubled up
apparently to strike q third blow. NEAGLE sprsnR
mp with his revolver in his hand and in q very loud
voice Bhoutedi stop stop am an oAicerl
TERRY. recognizing NEAcLE, Immediately thrust his
hand into his bosom for the purpose of drawing
bowie knife At this instant SEAGLE fred two shots from
his revolver into the body of TERRY who Immediately
sank down and died In . few minuteR Mrs TERRY
entered the room with satchol in her hand Just after
TERRY sank to the door She nrst threw herself upon
his body in great excitement. In n few seconds she
and called upon the bystanders 10 ez1mns her
h"S5dHdS clothing and see thai he had In all
probability che had taken the bowie knife from her
husbands body and concealed without tho observa
zion of the bystandoa All the circumstances made It
apparent that 1t was the purpose of TERRY draw
Judge FIELD into quarrel and to kill him II he should
defend himself There could DO question that under
the circumstances NRAGLE friend OF Judge FIELD,
or even as moro byBAnder fully justified in kill
Ing TERRY. Mrs TERRY atterwArd made o charge of
murder against Judge FIELD and before Justice
of the Peace, who Issued warrant for their arrest
From this Judge YIELD discharged on his own
recoEnizance NEAGLE committed the custody OF
CUNNINGHAM Sheriff OF San Joaquin county, to answer
charge of murder in court OF the State From this
commitment he was discharged on hRbeas corpus by
the United States Circuit Court in which proceeding
Judge FIELD took no part Tho Sheriff appealed from
tho order OF the Circuit Court discharging NEAeLH
TO the supreme Court Of the United stateA"
The question to be determined on these
facts was whether there was any existing
law OF the United States under which
NEAGLE was acting when he killed TERRY
Unless there was such a law. the Circuit
Court of the United States could not dis
charge NEAGLE on habeas corpus from the
custody OF Sheriff who held him for trial
In State court on a charge OF murder.
Under section 1853 Of the Revised Statutes OF
the United States NEAGLE could be so dis
charged by u Federal court II it appeared
that he was " in custody for an act done or
committed under a law of the United
States" or was Sin custody in violation OF
the Constitution, or law or treaty of the
United States" If neither of these condi-
tions appeared to be the fact, q Federal
court could not have jurisdiction to dis
charge NEAGLE from the process by which
he was held for trial in court OF the State
of California.
The opinion Of majority of the Judges Of
the Supreme Court of the United States was
delivered by Mr.. Justice MILLER. 1t ad-
mitted that there was no existing statute of
the United States under which NEAGLE was
acting when he killed TERRY. The conclu-
sion that NEAGLE was "acting under the
authority of the la,D Of the United States"
was deduced by Judge MILLER not from
mass OF the'executive powers Of the Consti-
tuition. and especially from tho Presidents
power and duty to faithfully execute the
laws OF the United States.
The reasoning was this: The Judiciary
being department OF the Government,
the members OF which must be protected
n the discharge Of their official du;
with the execution of the laws and
acting through the Department Of Justice,
u was competent to the. President to de-
tail an officer of the latter department
70 attend the person of Judge FIELD while
in the discharge OF his official duties,
Pnd to defend him against personal vio-
lence. 1t was held, with entire correctness,
tudI JubIlCe FIELD, WnIe travelling from
one place In his circuit where he had been
holding a court, to another place in the same
circuit to which he was goiuR in order to
discharge the same functions, was Just as
much employed in the discharge Of his jul
dicial duties as IL he had been sitting In
court when TERRY assaulted him.
But assuming this to be unquestionahle
unless there was law OF tho United
States under which NEAGLE was acting when
he killed TERRY, he was not acting when he
committee the homicide as an officer OF the
United States defending another officer
OF the United States, but he was act
ing as a friend OF Judge FIELD, or
as a bystander would have been
authorized to net under the same circum-
stances; and he was amrnahle to the courts
of California, in n trial which would deter
tIflable homicide. Nothing can he palmer
than this Yet it was held by n majority Of
the Judges OF the Supreme Court that, al
though Congress had not leGislated to pro-
vide this, kind OF protection OF the person Of
Federal Judge. the President could detail
an officer from the Department Of Justice for
this purpose, and even authorize him to take
the life of an assailant, because the Prcsi- |
dent il authorized and bound to execute the |