New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1895-12-13
POINTS OF LAW DISCUSSED
ARGUMENTS OF COUNSEL IN THE TAM
SEN CASE
GENERAL TRACY HOLDS THAT THE STAT
COURTS HAVE NO JURISDICTION IN

GENERAL TRACY HOLDS THAT THE STATE
COURTS HAVE NO JURISDICTION IN
THE MATTER
Yesterdays session Of the Tamsen trial in Judge
Alson's part of General Sessions was taken up
with arguments on points Of iaw. and consequently
the jury not In attendance
General Tracy in his plea for the defence con-
tended first. that the State had authority over
Federal prisoners and said that there no record
or State having punished jaiier Cor the escape OF
a prisoner There is no difference" said General
Tracy. between the allowing of a Federal prisoner
to escape and the OF Federal prisoner from
a United States marshal. In that case nobody VIII
say that the marshal is responsible for the safe
keeping Of his prisoner"
General Tracy cited authorities far back 1883
In proof of his statement. Congress" said he,
cannot confer the jurisdiction. the State can
not ask for II. ana II both the State and Federal
Legislatures could combine in attempt to estao-
lish Jurisdiction STATE touching an onense
that Is cognizable under the laws of the United
States arising out OF matter peculiarly an offense
against the United States the State cannot take the
Jurisdiction and Congress could not confer it,"
General Tracy then contended that crimes against
the United States Court cannot be punished by the
State courts
We concede." he continued. that there cases
where an offense against the United States Is also
an offense against the State. but has been
found where a sta'e punish Federal prisoner
Tor an offence against the Federal Government. We
say that the jailer having the custody Of Federal
prisoner s Federal officer and Is answerable only
TO the Federal Government for his acts"
Judge Allison here interrupted General Tracy
read several sections from the Revised Statutes Of
the State OF New-York prior to 1917. which stated
that any one who connived at the escape Of
Federal prisoner placed in the custody of the State
aesTnst sEouii De deemed suiIty or an oHsnse
he
r i!n1 ~, committed by the state , ,
that those provisions are uncons titutonal?"
. That is what We claim" replied General Tracy.
an offense against the Federal laws ana punishable
under those laws. must necessarily be unconstitu-
Your Honor" said General Tracy. "the facts OF
TINS case raise one Of the most difficult and delicate
Questions between the State and Federal Govern
ments thar has ever arisen in the history of this
Judge Allison nodded assent
GENERAL Tracy sad that during recess his at
tenton had been called to the fact that Congress
., My second point" continued General Tracy, us
mai mai the state has no authority to pun for
n t OF outy unless II is clearly shown that
The Federal prisoners we're lawfully committed to
IeSay committed to the Ludlow Street jail
no State officer can receive Federal prisoner
United states officer having power to make such
commitment. II the Court VIII look at the com
prisoners We're committed to the custody of the
United States Marshal and by him to the LUDLOW
thorty to make this commitment 10 Ludlow Street
jail, and there Is no commitment IN writing to
show that this done"
General Tracy, after some further argument
paused and said:
This is all have 10 say this motion"
What notion calculated Colonel Fellows In
establishment. There is motion before the
court"
Yes. there is remarked General Tracy, and
thought made that plain last night, when l moved
repeated his motion for dismissal
Colonel Fellows made a long argument to the
effect that the within the Jurisdiction Of
the State OF New York.
the officer OF the State Of New-York and not OF
the United states; he gets his authority from
the state Of New-York; he is made the custodian
OF the iail erected in pursuance OF the laws II
this state, and this STATE ana other power
has permitted Federal prisoners to be placed there
in.
Penalties have been fixed FOR keepers who al
low prisoners to escape Has not the State that gives
the Sheriff his place and power the right to
what penalty shall be inflicted its officials
have allowed prisoners he'd by permission Of the
state TO escape? II you deny that you deny the
right of the State punish any IF its officials
The Sheriff Is In law the keeper OF the County
Jail and the jaer il his deputy therefore the
Sheriff is responsible in law for the escape of
prisoners
After Colonel Feliowss argument Judge Allison
adjourned the case until Monday.