| Show THE CASE IN the state of california shot and killed judge terry at the moment when the ant act was done was a deputy united states marshal and was defending the person of a justice of the supreme court of the united emited states a duty to which he had been previously assigned a I 1 9 ed the killing was prima fade unlawful and unless justification for it existed it was a crime punishable severely perhaps with death obviously it was a matter forthe for the courts to investigate but what courts those of theSta the state teof ot california or of the united the contention on the one hand to is that the homicide was a violation of the laws of california that the offense was triable under the laws of that state by its courts and that any man no matter who be may be or whai his fils business calling or occupation is who commits a homicide in a state stale is triable and punishable under the laws of that state by bi the states stated courts in the N eagle case it was contended on the other hand that the defendant being a united U cited states officer on dunyan july as such and engaged in protecting a united states judge at the time be did the killing to is triable under federal laws and in a federal court A majority of the supreme court of the united states holds the latter latte r view chief fuller anti and justice lamar dissenting and holding the other the latter are democratic in politics and their holding is in line with democratic doe doctrine trine and adverse to the tendency in the direction of centralization which the republican party if is 3 pursuing the decision is regarded by democratic lawyers and newspapers a most almost universal universally ly as an impetus to centralization and a blow at states rights the dissenting view is the correct one when the circuit court issued the writ of habeas corpus corch which ch took the person of out of the keeping of the state officers and when it made the ruling which removed him from the jurisdiction of the state courts it committed an act of usurpation and a violation of the spirit and letter of the constitution the tribunal of last resort has confirmed the wrong and strook a blow at popular liberty the rights of the states and the s power of the people to protect themselves by their own laws and courts this decision is significant in that it marks another extended ad advance canue upon the bulwarks bulwa of popular freedom by the of centralization |
