William Howard Taft

“ The Attorney General of Maryland relies on them to show that the writ may issue to test the legality of the removal in all criminal cases. On behalf of the United States, it is pointed out that these cases differ from the one before us, in that in the former the state prosecution had not reached a stage, or was not of a character in which, under the language of the statute, removal could be had at all, and so the federal court was wholly without jurisdiction. ”

“ Suppose that the prosecution of the officer for murder was commenced merely on account of the presence of the officer in discharge of his duties in enforcing the law, at or near the place of the killing under circumstances casting suspicion of guilt on him. He may not even know who did the killing, and yet his being there and his official activities may have led to the indictment. ”

“ The prosecution to be removed under the section must have been instituted 'on account of' acts done by the defendant as a federal officer under color of his office or of the revenue or prohibition law. There must be causal connection between what the officer has done under asserted official authority and the state prosecution. ”

“ In respect of the removal of state prosecutions, there should be a more liberal use of mandamus than in removal of civil cases. We exercise a sound judicial discretion in granting or withholding the writ. ”

“ The first objection made by the state to the removal is that prohibition agents cannot have the benefit of section 33, because they are not officers 'appointed under or acting by authority of any revenue law of the United States,' as provided in the section. ”

“ On the morning of November twentieth, nineteen hundred and twenty-four, your petitioners were taken by the sheriff and state's attorney, in company with a number of men who that afternoon served upon the coroner's jury mentioned in the indictment, and in company with two Baltimore city police headquarters detectives, to the scene of their investigation of the previous day. ”

“ This is a petition by the state of Maryland for a writ of mandamus against Morris A. Soper, the United States District Judge for Maryland, directing him to remand an indictment for murder, found in the circuit court for Harford county, Maryland, against four prohibition agents and their chauffeur, which was removed to the United States District Court under section 33 of the Judicial Code, as amended August 23, 1916, 39 Stat. ”

“ Virginia v. Rives, supra, at page 323, separate opinion of Mr. Justice Field, at page 329. It is granted in analogy to the intervention of equity to secure justice in the absence of any other adequate remedy. ”

“ Whereupon your petitioners carried the wounded man to their car and took him to Jarrettsville, Maryland, for medical treatment, but, finding none there available, proceeded with all speed to Bel Air, where they sought out in turn Drs. ”