Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1898-12-09
STATES RlGHTS CASE
ATTORNEY GENERAL MONTAGUE
WILL SOON HANDLE ANOTHER.
A STATE AND FEDERAL CLASH.
The Pulaski County Court Enj"ihe"
<r, p,,tsbinw Agents of For
eign ACKNOWLEDGEMENTS vi
Hnrkroder VS.. Sherin.
The Pulaski County Court Enjoined

while Acknowledgement Montague IS
winning many compliments for his aDls
handling of the case of Harkroder vs.. the
Sheriff of Wythe county, which was De
cded I'm favor of the State by the Unlteo
States Supreme Court last week, he Is
likely 70 have somewhat similar battle
10 fight over again in the near future.
Some wears ago a man in Pulaski coun-
~ for q consideration, agreed to allow
foreign mining corporation TO construct
tramway over his land. He also agreed
IN allow the corporation to wagon over
his property pending the completion oil
the tramway. The corporation, it seems
prosecuted the work Of construction IN
leisurely manner, in the mean time
wagoning over the property regularly.
Bv-and-by the road was completed
across the farm. but when the corporation
attempted TO put down its tracks across
the public highway the county authorities
forbade it. The worlSmen did not desist'
and an agent of the company was arrest
ed and fined in a Justices court An APP
neal was taken, and the County Court
sustained the justice.
THE COURT WAS ENJOINED.
Thereupon. ACKNOWLEDGEMENT Frank
s Blair who was counsel for the cor
poration, secured from Judge Simonton.
Of the United States Circuit Court, an in
junction restraining the court officers of
Pulaski from executing the County Courts
sentence.
The case Is now pending in the United
States Circuit Court, and will be heard
soon. Attorney-General Montague VIII
represent the County Court officers, and
Mr. Blair will again be pitted against
him as the champion Of the General Gov
eminent. Mr. Montague feels sure he Will
be able to win the case. lie will move 10
dismiss it, and on this motion the battle
will be fought.
II am an old-fashioned believer in
States rights" he said when discussing
the case. 81 do not believe any United
States tribunal has the right to restrain
Virginia in the execution of her own
criminal laws"
1t was suggested that probably his ear
nest belief in the justice Of his cause had
helped him TO win the case of Harkrodfr
VS.. the Sheriff Of Wythe.
Possibly So" said Mr.. Montague, mod
estly, but l had the law and principle,
too, on my side"
A WELL-HANDLED CASE.
Mr. Montague has received numerous
on his mastery handling OF
the last-named case in the Supreme
Court. He fully sustained the reputation
which he has acquired as a lawyer OF
erudition and astuteness. Prominent court
officials have expressed their qualification
at the decision Of the court, and have
heartily congratulated Mr.. Montague.
The principle involved was Virginia's
right to prosecute her own criminals in
her own way. a case precisely similar
had not before been decided from this
State Several years ago an Injunction
was issued by the United States Court
forbidding the trial by a State court OF
CaricO, an internal revenue officer. who
had killed a man in Virginia. Attorney
General Scott finally won the case in the
Supreme Court. He did SO. owing 10 the
fact that the case was never property I'm
the Federal Court, the terms OF the sta
tute passed during the administration OF
President Jackson 10 cover such cases not
being complied with. This law provided
that the case must be removed 10 the
Federal Court after the beginning OF the
prosecution in the State Court. Carico's
case had not begun.
1t seems probable that Mr.. Montag1Ie's
will witness the fnaI set-
Element Of two highly important questions
as to the relative jurisdiction OF State
and Federal courts.