Los Angeles daily herald., 1890-03-06
THE NEAGLE CASE.
Argument Concluded - Attorney
General JOhMsOn,s Plea.

Argument Concluded - Attorney
General JOhnsOn's Plea.
WASHINGTON, March 5 5.-Argument be-
fore the United States Supreme Court in
the Neagle habeas corpus case was con-
cluded today. Choate continued his ar
gument on the line laid down by him
yesterday, that Of the supremacy Of the
United States to States. He maintained
that whsn the Constitution vested the
judicial power ID the courts, and to carry
this into effect, enacted laws to divide
the country into circuits, it necessarily
implied that in the discharge OF the du-
ties so imposed upon them, the officers
of the courts should be absolutely pro-
tected by the Government whose SER
wants they are.
The case was closed by Attorney Gen
eral Johnson, of California, in behalf of
the State. He conceded that Congress
might pass 6. law for the protection OF
judges while travelling to or from their
circuits, but maintained that no such law
had been passed, giving this protection
either in words or by implication, and
that it's passage was absolutely essential
in order to GUST the police power of the
States.
During Johnson's argument Justice
Harlan interrupted johnson to ask him
"Suppose, Mr.. Attorney General, this
tragedy had occurred in the court room
that man had come in for the purpose
of killing the Judge; what then?"
go, think an officer would undoubt-
fedly have authority to protect his judge"
said Johnson.
"Under what statute would you rest
the defense of this ?" queried Judge Har-
Ian.
"It would be no statute" replied
Johnson, ''but simply the inherent
power of the court to maintain the pro-
lection of itself in the court room, but
outside the court room the case would
assume different aspect"
"Then you hold that Justice Field and
Marshal Neagle while in the station at
Lathrop were in the simple capacity of
private individuals, asked Harlan.
"Undoubtedly, yes," replied Johnson.
johnson then attacked the position of
the opposing counsel, who maintained
that Terry and his wife had entered into
conspiracy to violate the laws of the
United States, and that Neagle in pre-
venting the contamination Of the con.
spiracy against the United States law,
had placed himself under the jurisdic.
ton of Section 1853, Revised Statutes,
providing for writ Of habeas corpus.
This argument Johnson met with single
reference to the law of California, which
says there can be no conspiracy between
man and wife. they being as one.
Referring to the question of the police
power OF California, johnson said this
was cause involving an alleged viola
ton OF the police laws of the State. He
quoted from the Constitution, where il
says powers not delegated to the United
States are reserved to the State. The
tenth article of the amendment must
govern III matters of police power unit
Congress passes a law giving the fedora
authority peculiar police powers.
johnson then referred to the opinion
of the late Chief Justice Marshall, tina,
en- officer of the United States in per
forming his duty does it at his own peril
and if he proceeds in such performance
otherwise than is warranted by the
epecific law, he is liable for damages.
Johnson maintained that Attorney
General Miller had no authority to orde]
Neagle to perform the duty that was per
formed, as there was no specific Law
under which Miller could command
Neagle. The simple fact that fedora
officer is acting in the line of his duty i!
not guarantee that he should come
under the Jurisdiction of the Fedora
Court, unless his line of duty is war
ranted and explicitly outlined by fed
eral law. In the absence of such law the
officer comes under the jurisdiction Of the
police power possessed and exercised
by the State. "We are told that no such
law was needed. The marshal possesses
inherent powers, equivalent to warrant
of law. | say there can be no inherent
powers invested in marshal, whose
powers are named and limited by law
Johnson then elaborated his argumen,
on the line of the powers of the police
law possessed by the State and to which
he claimed Neagle was clearly amenable
when he broke the peace by killing
Terry. Here Johnson rested and the
case went to the court.