The morning call. [volume] (San Francisco [Calif.]) 1878-1895, 1895-01-09
NICE LEGAL POINTS.
Major A.C. McGlachIin Scores
a Victory.
HE Is A FEDERAL OFFICER
And Must De Tried in the Circuit
Court.
THE POLICE CASES ARE DISMISSED.
Attorney Riordan Submits an Affidavit
and a Humber Of Authorities Bear.
ing Upon His Contention.

Major Ambrose c. McGlachlIn, the Uni
ted States Internal Revenue officer, will
not have TO submit to the degradation of
standing his trial in the Police Court
1t will be remembered that on the even
ing of Decem Der "a the ma jor was arrested
and booked at the City Prison on two
charges of assault with deadly weapon.
preferred by Louis and Albert Cordes, two
brothers.
The major was on a Fost street car
shadowing a young man with basket
containing package, as he believed, of
fraudulent Chinese certificates. When the
car reached Polk and Market streets the
major placed the right young man. as he
thought, under arrest, and when Albert
Cordes wanted to know why his brother
Louis was arrested. the major pulled re-
volyer out of his pocket. Albert ran and
Louis followed suit. The major ran after
Louis along Fell street and fired shot at
him.
When the case was first called in Judge
Joachimsen's court, Attorney t. ID. Rior
dan, for the defendant, raised the point
that his client being Federal officer
should be tried only in the Federal courts.
and the case was adjourned to give him
time 10 produce his authorities.
L
Attorney Riordan filed an affidavit in ac-
cordance with his contention, which re-
cited the facts that led to the majors ar
resi-, that he was a United States internal
revenue officer. that in firing at the young
man he had no intention OF violating the
laws of the State. but it was simply done
in due and legal performance Of his duty
as an internal revenue agent.
He submitted a number of authorities
in support of his contention.
According to section 643 of the Revised
Statutes of the United States: whenever any
civil suit or criminal prosecution Is commenced
In any court OF State against an officer APP
pom ed under or acting by authority OF any
revenue law OF the United States now or here
after enacted. or against any person acting
under or by the AUTHORITY OF any such officer on
account OF any act done under the color of his
office or OF any such law, or on account OF any
right, Il le or authority claimed by such officer
or other person under any such law or Is COM
meDced against any person holding property or
estate by Title derived from any such officer
and affects the validity Of any Such revenue
law. or Is commenced against any officer of the
United STATES or other person on account Of
any act done under the provisions of title XVI,
the Elective Franchise or on account OF any
righl. title or authority claimed by such otficer
or other person under any of the prov sons. the
said suit or prosecution may at any time before
the trial or final hearing thereof be removed
for trial Into the Circuit Court next TO be holden
IN the district where the same is pending upon
The petition OF sucn defendant to said Circuit
Court"
In re Neagle was case where the petitioner,
Neagle. While acting as the deputy United
States Marshal arrested person for Illegal
voting the party resisted the arrest and there.
upon a scuf1le ensued ana Neage made an
assault upon he arrested party with deadly
weapon. The matter was brought before the
United States Circuit Court upon habeas corpus,
aud the court (Judge McKenna) decided that
the court had no Jurisdiction over the person OF
the defendant Neagle, because the act with
which he was charged was committed by him
in the due and legal performance OF his duty as
United States Marshal, and the defendant was
thereupon discharged.
The Judge at once dismissed the cases.