In re Waite’s Empirical Analysis

Citation profile

3 federal appellate · 3 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The sole question properly arising before this court is that of the jurisdiction of the district court of Howard county, and, under the facts established by the evidence adduced, the first matter for consideration is whether an officer or agent of the United States, engaged in the performance of a duty arising tinder the laws and authority of the United States, is liable to a criminal prosecution in the courts of the state for acts done by him in his official capacity. This presents a matter of moment much beyond the mere question of the detention of the liberty of the petitioner as an individual. Broadly stated, it involves the proposition whether the operations of the government, of the United States in matters within its sole control, and which operations, of necessity, must be carried forward by means of officers and agents duly appointed, can be interfered with by criminal proceedings instituted in the state courts, and based upon acts done by such officers or agents within the scope of the duties imposed upon them. By this it is not meant to assert that because a person is an officer or agent of the federal government he is thereby excepted out from the jurisdiction of the state or the binding force of its laws. The mere fact that when the acts by him done were done he was an officer of the United States, charged with certain duties to that government, will not afford him immunity from prosecution under the laws of the state; nor will the mere fact that he claims that ”

   1 later decision quote this exact passage · from the majority
   e.g. In re Fair

2. ““If, however, it should be held that the officers of the United States, when engaged in the performance of their official duties, can be arrested by a warrant from a state magistrate, or from a court of record of the state, upon the charge that In the performance of the duties imposed upon him the officer- has violated some provision of the state statutes, it is apparent that the enforcement of the laws of the United States and the carrying on of the operations of the government may he seriously embarrassed or wholly arrested. Even though it be true that the officer, by making the defense in the state court, can ultimately obtain the protection of the laws of the United States, the injurious effect in the way of impeding- the enforcement of the laws of the United States would not be obviated, for, as is pointed out by the supreme court in Tennessee v. Davis, supra, [ 100 U. S. 257 , 25 L. Ed. 648 ], during the time the officer is under arrest or is engaged in defending himself in the state court he is withdrawn from the discharge of his duty, and the exercise of acknowledged federal power is arrested. Hence the justification of the true rule that it cannot be permitted to the state to assert jurisdiction over one acting under the authority of the United States for acts by him done in furtherance of the duty he owes to the federal government, upon the assumption that these acts are violations of a state statute.””

   1 later decision quote this exact passage · from the majority
   e.g. In re Wulzen

3. “it certainly is the law that the officers and agents of the United States, such as the marshals, the deputy marshals, post-office inspectors, pension examiners, and the like, cannot be called to account before the courts of the states for the manner in which they perform the duties entrusted to them.”

   1 later decision quote this exact passage · from the majority
   e.g. State of Idaho v. Lon T. Horiuchi