Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1890-03-05
TIE NAGLE CASE.

TIE NAGLE CASE.
The Supreme Court chamber.
were filled today with an audience
which listened attentiyely 20 the ar.
guments in Nagle's case. arising
out oil the shooting Of David Terry
last summer, when IN the act oI
committing an assault upon Judge
Field OF the Supreme Court. An
the Justices were present EXCEPT
Justice Field. The argument was
opened by Zach. Montgomery. in be-
half OF the appellant. sheriff Gun
bingham, from whose jurisdiction
Magic was discharged ON a writ Of
haoeds corpus issued by the United
states Court, on the ground that
he was an officer OF the United
states, being 4 DEPUTY Mar
shall engaged IN the per.
tormance Of his duty Of nro-
tecting a Justice Of The United
states Supreme Court. and cuuli
not lie imprisoned by the State
authorities. ---.-
Montgomery said it was the con-
tentiOn Of the State authorities that
the sole question to lie brought was
iurisdictional, and therefore any
thing bearing on Nagle's guilt or
innocence was irrelevant. He re-
viewed TIE leading poiuis in the
evidence. The chief eltuTe Of this
review was that it was not in de
purpose OF Nagle's appointment to
nave him Use his official authorityt9
prevent . breach OF the peace, hut TO
have him resent f0Tcihiy any affront
put upon Justice Field. Mou.gom-
cry maintainud thai unlesS there
was specific statutory authority for
the instructions given Magic tn
accompany Justice Field, there W.,
no authority for his release by TIC
UNITED STATES CIRcGIT COURT.
He maintained this upon the su-
thoTiiy Of section SIS Revised Stat
utes, that the writ of hdJsQs c,rDus
should not extend 20 4 prisoner an
less in custody for an act done in
violation If the Ian Of the United |
States. IL it were true that the act I
was iustifiable homicide and nect-,-
saTy for the protection OF Justice |
Field. then there need not be any
fear that the State would not acquit /
him. But it was for the State TO de- |
eide ON this point.
Attorney-Generil Miller. = no fol- !
lowed On behalf Of the Uuitt4f Sntes, /
said he would base his argument on |
two propositions: ...zr
Finst-That 1T IS the duty Of the |
executive department to protect the
Judiciary Of the government.
SeconL-Th9t under the COnstiiu-
ton. the Judiciary being in abey-
aucc 70 the executive, il is the duty
OF the judiciary department to sit
in Judgment upon the acts Of its
officials in performing their duties
in accordance with the Constitu-
ton.
He quoted from the words OF Sec
rotary Bayard, that The Inherent
right Of The government TO enact
and enforce laws gives it the rover
to protect its servants in their ac-
tons. The Acknowledgement ar
gued his case upon this line. The !
proposition advanced on the paTt OF
the State WIS hereSy, as old rs the
- AAAAAAANAAA~ u AAAfAA AAsAE TX eli It.
futed times without number in Con
gress and on the battlefield: that It
was this same argument. that the
executive had no power EXCEPT such
rs was specifically granted hy the
legislative DEPARTMENT. that had
been used before the civil war 10
derry the power Of the government
10
cDERCE THE SEcEDING STATES.
Justice Bradley interrupted the
Acknowledgement in the course Of ;
his remarks with the question:
"With what force shall the Pre-
sident execute this power OF protec-
lion OF which you SPEAK, surprising
he marshal had not sufficient force
ior the purpose?''
Attorney Geneal-With 4 posse :
n the first instance. and, If that
was not sufficient, with the army
and navy.
Justice Bradley-Then he has n
light to aid all citizens OF the Uuited ,
States in maintaining the laws aud
the institutions OF the
government.
Joseph Choate OF New York. who ,
ollowed Attorney General Miller :
Is one Of the counsel for tile Govern
nent, opened his argument with
he statement that. ever since the
of the government. the ,
leOple Of the United States had !
'ested on the conviction that they :
the Nation: that within !
Is limits the government was SOW
reign and supreme. and that ii had !;
within itself all the powers and /
to fulfil its own functions :
md accomplish its own purposes. In
Ioing this the government was not
uhject 10 hindrance or interference
y any power or powers whatever.
The government had the power. as I
had the duty, To secure the per
OF the government obliga-
ions ami to protect its servants and /.
gents in doing the duties entrusted :
. them. For the first time In two 7
cars the people were now met with :
he startling contention that q jus I
Ice OF the highest court of the land :
1as not entitled TO the protection of :,
he government in going from one :,
lace to another on his circuit \
Choate had not concluded hisargu- :,
lentwhen the court adjourned. I,
PUBLIc BUILDINGS. :
Representative Clifford, fIom the b
on public buildings, to- {;
ny reported favorahly the Senate "
III for the erection of n public C
lilding nj Portland, Or, with
D amendment reducing the ap-
reputation from 500, 600 Ss)D, 0OQ.
SUGAR BOUSTT. -