The American issue. [volume] (Westerville, Ohio) 1912-19??, 1923-11-16

court of this state by the Constitu-
ton of this state is given jurisdiction
in equity, and hence it has jurisdiction
by that provision. Such being the case,
IT cannot be disputed that the superior
court of the county of San Diego had
jurisdiction within the county to abate
any nuisance existing within that
county whether it is declared to be a
nuisance by an act of Congress or by
the state Legislature, or whether it is
of such a character as would be
nuisance by common law. 1t matters
not what power declares the thing to
be nuisance, providing it is done by
somebody having authority to act.
Undoubtedly Congress has power I'M
der the Eighteenth Amendment to de-
clare any place wherein Intoxicating
liquor is manufactured, kept, sold or
bartered to be common nuisance"
The court further cited STEAD V.
FORTNER, 255 Ill. 46S, as follows:
There are a number of states
where jurisdiction is expressly con-
ferred upon courts of equity, BUT A
STATUTE IS NOT NECESSARY
TO ENABLE SUCH COURTS TO
EXERCISE A JURISDICTION OF
ANCIENT ORIGIN and which has
always existed without any statute. :.
If there is any statute of that kind it
is no more than a legislative declara-
ton OF an existing jurisdiction. 1t
would require a statute to destroy
such jurisdiction"
The court further cited, in support
of its jurisdiction, Employers Liabil-
ity Cases, 223 L. S. |, SO.
The court further declared that
THE right of the district attorney
to proceed in the name of the United
States = civ i by the Volstead Act
There can be no doubt about the right
of the United States to avail itself of
the law officers of the state for the
purpose of enforcing the act of Con-
gress, consequently the case is prop
erly brought in the name of the
United States"
The following authorities supported
the principles involved in the above
California case:
Sec. 4, Tit. /, of the Wartime Pro-
hibition Act.
FARRUGIA Y. PHILADELPHIA
Q914, 233 U. S. 352; "a Sup. Ct. sol
WALTON V. PRYOR 900, 276
III. sos; lis N. E. 2.
POSTMASTER GENERAL OF
U. S. V. FARLEY, Il Wheaton, 1876.
One of the earliest applications of
the principles involved, was the con-
ferring of power by Congress upon
state courts to conduct naturalization
proceedings. This power conferred
upon state courts to admit aliens to
citizenship dates from 1900
Another illustration involving the
same principle was the authorization
of Justices of the Peace to arrest and
commit or deliver to masters Of YES
sells, deserving seamen. This is very
old statute and the United States ST.
preme Court has sustained the jurs-
diction of Justices of the Peace in
such cases. See
ROBERTSON V. BALDWIN, los
U. S. us.
In HOLMGREN v. UNITED
STATES, 217 U. S. 500 (517) the
court said:
Unless prohibited by state legisla-
ton, state courts and magistrates may
exercise the power conferred by Con-
gress under such laws.
STEPHENS. Petitioner, 4 Gray $50.
In DALLEMAGNE v. MOISAN,
1877 U. S. 100, it was held that power
may be conferred upon a state officer,
as such, to execute duty imposed I'M
der an act of Congress and the officer
may execute the same unless execu-
ton is prohibited by the constitution
or legislature of the state.
For full discussion of the applica-
ton of this principle, see LEVIN v.
UNITED STATES, l2S Fed. 826. In
this opinion the Eighth Circuit Court
of Appeals cites eight distinct grants
of power upon state officials and
courts.
State decisions supporting the same
principles involved are cited in the
case of CARSE V. MARSH and
GLADHILL, Petitioner, 8 Met. 1863.
STEVENS, Pet, Gray $50 SOD.
COUNTY OF HAMPDEN v.
MORRIS, 207 Mass. 167 170).
HARRIS V. Superior Court of
Calf, 1876 Pac. 8o5.
MCINTOSH V. BULLARD, o5 Ark.
227 $500.
STATE V. SUPERIOR COURT,
IS Washington 23o, 1874 Pac. olo.
STATE V. LIBBY, AZ Wash. 4S1.
90 Pac. $50.
Numerous other authorities cited in
the foregoing cases fully sustain the
right and power of state official to
follow the directions of an act of Con-
gress and the power of state court
to entertain jurisdiction conferred
upon it by Congress.
The far-reaching Importance Of