The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-05-23
xAr nRconE sEEaors.

In Hartford. Conn. some time ago. there
Was = contest between railroad company
and The municipal government. IN respect
70 the right Of the latter 10 control or re-
strain the railroad In regard 70 the cross
ing Of . street. The matter was tried in
the locM courts, and finally taken up to the
supreme Court of Connecticut. with un-
varying decisions in suppo.s Of the city 3
right 70 make and enforce regulations in
respect 70 the use OF the streets. The rail-
road company appealed the case to Judge
Blafchford OF the Supreme Court OF the
United States at Washington. who issued 3
writ Of error. which operates TO carry the
case before the full bench. and until it has
been heard and passed upon by that court
the order of the state court, granting .
peremptcry mandamus TO compei the COM
pany TO obey its decision, viii remain in
abeyance.
This sharp departure from the former
practice OF the United States court has ex-
cited good deal of feeling in Connecticut.
The Norwich BaIlain voices public senti-
ment in these words: This may be
strictly in accordance with legal rule and
formula, but IL the state courts are 20 be
made subordinate to the United states
courts in such matters as the punishment
OF murder and the ordering OF railroad
crossings. people generally should be in
formed Of the fact, so that eli state courts
higher than police or justice courts may be
abolished. and everything taken at bnce 10
the United States courts, to save time and
needless expense.
And certainly, without entering into any
discussion of constitutional questions. or
of conflicting jurisdiction. il is clear that If
the United States courts continue to cx-
tend their lines OF jurisdiction as has been
conspicuously the case within the
past year-first in trying Maggie for q
homicide by the killing of Judge
Terry in San Joaquin county. California.
and acquitting and dischargiug him: sec
ond, by suspending the sentence OF the
New York murderer, kemmler, and now
by undertaking to supervise the enforce
ment OF a city. ordinance in respect to street
crossings-it viii be absolutely impossible
to so reconstruct the supreme court or sub
divide its business as to prevent an accu-
mutation OF cases that it would take Gen.
fury OF hard work to dispose of.
1t has been currently presumed. and for
about an hundred years the presumption
has been sustained, that as a matter of
necessity If not OF clearly defined conssitu-
tional provision. line must be drawn
somewhere to define the respective juris-
dicfions of the federal and state cour.s.
But If the latter have not exclusive juris-
diction either OF murder cases or of city
street regulations, the Norwich paper
would appear to be about correct as TO the
futiIity, to say nothing OF the expense and
annoyance, OF keeping up multitude of
wholly useless judicial establishments.
IL is deemed probable that the full
bench viii sustain Judge Blatchford's as
sumption of jurisdiction. but until it is re-
pudiated. which. owing to an overcrowded
calendar, cannot be accomplished except
after q long lapse of time. the final decis-
ion of the state court will have been nuIli-
fed and the recaIcitrant corporation sus-
tanned in its defiance OF municipal author
ity to which all other citizens must submit.
It must be confessed that this questionoof
jurisdiction is becoming serious.