The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1897-01-14
AS TO. POINTS OF LAW.
Judge Morrow Shows That State Courts
Must Not Interfere With Federal
Tribunals


United States District Judge Morrow
rendered an opinion Yesterday in the
matter of the application of A. c. Forsyth,
receiver for the Oregon Pacific Railroad
Company, for a writ OF mandamus. For
syth was appointed receiver for the COM
pany by one OF the State courts. Charles
Clark was the receiver for the same COM
pany in Ore on. In the case of r. D..
Chandler against the steamship VIII
lamette Valley, a decree was entered in
the United States District Court on June
8, 1896, directing the clerk, Southland Hoff-
man, TO pay to Charles Clark, receiver of
the Oregon Pacific Railroad Company,
claimant OF the steamship Willamette
Valley and of the surplus proceeds de-
rived from its sale, or to his attorneys,
after payment OF all costs in the case, the
remnant of the proceeds in the registry oil
the court, amounting to $23, 524 45. Later
in the year the clerk OF the court and the
Judge signed two checks drawn on the
Assistant Treasurer of the United States.
One was made payable to Charles Clark,
receiver, for $19,9 90 and the other was
in favor of Page & Eels, attorneys, for
$3606 16.
The check for Clark was placed in an
wallis, Or, but before it was deposited in
the United States mail, the clerk was
served by the Sheriff with a writ of execu-
ton issued out of the Superior Court OF
San Francisco in an action pending in that
court entitled w. A. SwineIon against the
Oregon Pacific Railroad Company. In
that action a judgment had been rendered
against the defendant for the sums of $15,-
1858 70 and $1115 rs costs With the writ of
execution, the Sheriff served notice on
the clerk that all debts owing by him to
the Oregon Pacific Railroad Company and
the credits and other personal property in
his possession and under his control
belonging to the company were attached
in pursuance of said writ A similar
writ was served upon Page & Eells.
On September % Superior Judge j. NJ.
Seweli in this action made an order re-
curing Southland Hoffman and Charles
Page and concerning property in their
custody and control, and concerning
money owing to the Oregon Pacific Rail-
road Company, and enjolning them from
transferring said property. After hearing
the testimony in the case Judge Sewell
appointed a.. G. Forsyth receiver of the
railroad company's property, and this
order included the property (checks) in
the hands of Clerk Hoffman and At
torney Page. The decree was SUISSE
auently modified by Judge Sewell SO as
not to lnfrlge upon the lurlsolctlon OF TIT
District Court, but he allowed the re-
ceiver, Forsyth, authority to begin pro-
ceedings for the recovery OF the check as
he might be advised by the District Court.
Thus the action in punishment was
begun against Southland Hoffman TO secure
the check in his hands, not as an in
dividual but as clerk OF the United States
District Court.
Judge Morrow in his opinion says:
I consider it equally improper TO direct a
suit to be broughti in the State court against
Colonel Hoffman or to order him to deliver
the check to the receiver.
After discussing the case in twenty -four
pages of typewriter matter Judge Nor
row says: at is clear, therefore, that I'M
der the principles OF law referred to as APP
piled to the circumstances and facts OF
The case at bar the petition should be dis
missed, and it is so ordered. and the cost
of this proceeding to be paid by the petit
TONER"
In other words the money was in Clerk
Hoffman's possession not as ali individu al,
but as an officer of the Federal court, and
was in fact in the possession of the court
itself. Hence the Federal court is not
obliged to recognize a mandamus from
any State court