The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1895-09-25
UNCLE SAMUEL WINS
PRoHlBs MUST NOT M0LESr THE
REVENUE COLLECTOR

,,a~. yu,tams Discharges Henry HUT
man, m the Writ of Habeas Corpus
Regulation OF Revenue Ofacer has the
Power of a Law of Congress-Laws Of
United States are Supreme-First Time
this Case was Ever Passed Upon by a
UnI,ed states Court-Decision Caused
Much Rejoicing.
The Henry Huffman habeas corpus
case came up in the United States court
Yesterday. Mr'Huttman had been COM
mitted by Judge Reed for refusing 10
answer questions in the district court
in a LIQUOR case that would reveal facts
that he had received of Jack Davidson
as revenue collector. Habeas corpus
PROCEEDINGS were instituted by onlteo
States Attorney Perry in the federal
court.
The following IS a synopsis or the
oninion of Judge Williams after near
ing arguments by United States Attor-
ney Perry and Assistant Attorney Gem
eral Campbell.
There is no question upon which
with the Interference with the jurisdic-
ton of the courts of the states. If any
one thing can be said of this court 1t IS
that it is rather careful of interfering
with the Jurisdiction Of state courts.
approach the subject with uncovered
head.
This is a question arising under the
revenue laws Of the United States. II
the government has any power it is in
raising revenue. 1t is especially grant
ed in the constitution. Congress has
given the commissioner Of interanl rev.
enue power to make certain regulations
these regulations are upheld by the
courts.
II there was law of congress which
set out that the revenue officers could
not remove their records or could not
divulge anything that would be the end
Of it. In the absence of such law the
officers have that power and it must
not be interefered with by any other
power.
1t was stated that the question which
this petitioner refuse to answer il
answered would have divulged what
was in the records Of his Office. If the
records can not be produced how can
conversations which go to make up the
records be divulged. Revenue officers
are only anSwerable to the laws which
create them. 1t was said in the argu-
ment of this case that the Judge Of the
district court ruled wrong when he held
that these records could not be pro-
duCed in his court. I will state that
think that able jurist III that case ruled
right.
The government Of the United States
rests. on the territory and soil of the
country and has power to execute the
laws in all parts Of the county. 1t does
not interfere with the states in the exc
cution Of their laws unless they inter-
fere with the laws OF the United Sta ties
and in that case the laws of the United
States are the supreme Law of the land.
A retail liquor dealer who secures
license is required by law to post it in
conspicuous place in his place of bust
ness where everybody can see it and
there is no need to go to the revenue col
1ectors office to find out whether he has
a revenue license to sell liquor. If he
fails to post the license conspicuously
in his place of business he violates the
law.
1t seems to me that the only question
involved is whether this petitioner had
a right to refuse TO answer questions
which would reveal the contents of his
books when ordered not to do so by the
commissioner of internal revenue. Then
the question may be stated as follows:
Has the United States created a reve-
nue. law?
1t has.
Does that revenue law give the COM
missioner Of internal revenue the right
to make rules and regulations to govern
the officers under him.
1t does.
The petitioner Is released.
ALL WANTED TO HEAR.
The time set for the hearing Of the
Huffman habeas corpus case was 2
o'clock and long before that time the
court room began to fill with people anX
ious to hear and see what was done.
1t was generally understood that a
case of this kind had never been before
a United States court and the high
esteem in which Judge Williams is
Geld as a jurist tended to increase in
tereSt in the case. 1t was believed that
whatever Judge Williams decision in
the case might be that il would cary
weight and would be the law for years
to come.
Twenty-Five minutes before the time
set for the hearing of the case Judge
Campbell came in and left a paper on
Judge Williams desk. Primptly at
o'clock Judge Williams emerged from
his room and at signal from Marsal
Nicely the people in the court room arose
that being the custom in United States
courts, and remained standing until
Judge Williams entered the stand and
He then called the habeas curpus
case and announced that Judge Camp
bell had written him that he was argu-
ing a case in the state district court and
could not well be here at the time set
for the hearing Of the case.
United States Attorney objected to
postponing the case but Judge Williams
said: This case Is important to the
state courts and Brother Campbell has
given valid excuse for not being there
and | will set the time for hearing the
case at o'clock p. m, so as to COVE him
a chance to be present"
When O'Clock arrived the court room
was again crowded, many prominent
attorneys and bushes men being pres
ent.
Judge Williams again called the case
and Mr.. Perry asked Clerk Sherman
for the files in the case. The court
then stated the method Of procedure in
a habeas corpus case was on the return.
MIR. Perry remarked that Sheriff Royse
had not made a return.
Assistant Attorney General Campbell
said that he understood that the COM
mitment had been issued but he found
out after he came here that il was not
Judge Williams said the sheriff ought
to come into court and show why he
held the petitioner, but that he could
iioe represented by anyone he chose
THE court here ordered an attachment
issued for Sheriff Royse for not making
a return but when Judge Campbell said
he could call Sheriff Royse by telephone
Judge Williams consented.
In about fifteen minutes Sheriff Royse
came in and made his return. when
Judge Campbell said: II have sent for