The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1893-12-06
JUDGES MUST STAY IN JAZZ.
The Missouri supreme Court Decides
Against Il. clair County OniciaIs

Against >t. clair county OniciAIs.
KANSAS CITY, Mo, ID C. j.-The st
Clair county judges will have to stay
in Jail indefinitely. In the supreme
court at jefferson City yesterday an
opinion was handed down denying
the application for writ of ha beas
corpus made by the judges to get out
of the county Jail in this city wh ere
they have been confined for several
months for contempt of the federal
court.
In the oninion Judge Black re-
viewed the proceedings briefly. In
1870 ~. Clair county issued $3.50, 600
of railroad bonds. Neither interest
or principal has ever been paid. judy
ment was obtained against the county
in the federal courts, and in pursu-
ance of enforcing this edict the county
court was ordered to make a tax levy
TO meet interest on the bonds This
order was disobeyed and last Nav the
county judges were imprisoned in the
jackson county Jail by Judge Philips
until such time as they comply with
the order of the court or are other
wise discharged. The case presents
but one feature, and that is, has the
supreme court of Missouri jurisdiction
to interfere with the acts of federal
courts? Judge Black holds that il
mas not anu the other judges concur
with him.
On the point at issue Judge Black
says: 1T must be taken now as well
established law that state courts and
the judges thereof have no iurisdic.
ton or power to discharge persons
who are held in custody by authority
of the federal courts, or bv the auth
orty of the commissioners of such
courts, or by the officers of the United
states acting under the laws thereof.
Ana this is true, though the indp-
ments or orders of the federal courts
or commissioner are illegal The
remedy in all such cases is in the
courts of the United Stated. Adher.
ence to these rules Is absolutely neces-
sary TO prevent conflict of Jurisdiction
and to maintain and uphold the sta.
bllity of both national and state gov.
ernm ents. On the other hand. state
governments and the judges thereof
have all the exclusive Jurisdiction of
independent governments. ex-
cept so far as the states have
granted judicial powers to the gen
eral government Out of this eXcep-
ZION arises Ihe doctrine that the fed
era courts and judges may by ha abeas
corpus release persons restrained of
their liberty in violation of the con-
stitutlon and laws of the United
States, though such persons are re.
strained under the criminal process of
the state. This inequality is due To
the fact that the constitution and laws
OF the United States are the surremn
laws of the land This court has no
power, on the conceded facts, to dis. /
charge them. And this is true, though
this court should be OF the oplnion /
that the judgments of the circuit /
court OF the United States are in ex- |
cess of its rightful powers II is |
therefore out of place here to 90 into
the question whether the orders of !
commitment are in any excess of the
jurisdiction of that court That is a
question which must be determined
oY the national courts themselves
'As to the objection that the com.
mlmenl PAGES no limit upon the
duration of the imprisonment. save
"A compliance with the writs of
mandamus, 1t may be observed in ad.
dl'lon to what has been said that
those courts in matters of contemnt
pro eed according to section 725
revised statutes of the United States
and not according to the statute law
OF TINS state. The writ is therefore
denied"