In re Loney

• Citation: 38 F. 101
• Parties: In re LONEY.
• Decision Date: 19 February 1889
• Court: United States Courts of Appeals. United States Court of Appeals (4th Circuit)

38 F. 101

In re LONEY.

United States Circuit Court, E.D. Virginia.

February 19, 1889

Edgar Allan and J. S. Parrish, for petitioner.

R. A Ayers, Atty. Gen., for the Commonwealth.

HUGHES J.

Wilson Loney was arrested by a state officer for trial before a state tribunal on a charge of perjury, alleged to have been committed in testifying as a witness in a contest for a seat in the house of representatives of the United States directed and regulated by an act of congress, before an officer deriving his power to take testimony in such contest solely from an act of congress. See title, 2 c. 8, Rev. St U.S.

The contest in which Loney testified is not within the purview of any law of Virginia, and is unknown to the jurisdiction of the state courts. It is especially and exclusively a federal proceeding. A notary public is a state officer, having power to administer oaths required by law, and no other. He has no power to administer oaths required by acts of congress unless he is expressly authorized to do so by act of congress, in doing which he acts as an officer of the United States, and not as an officer of the state. This writ is issued by authority of section 753 of the Revised Statutes of the United States, which allows it 'in any case in which the prisoner has done in act'-- that is to say, has testified-- 'in pursuance of a law of the United States. ' Perjury committed before any officer in such a contest is amendable to punishment under section 5392 of the Revised Statutes of the United States, which declares that 'every person who, having taken an oath before a competent tribunal, officer, or person in any case in which a law of the United States authorizes an oath to be administered, that he will testify * * * truly, willfully and contrary to such oath states any material matter which he does not believe to be true, is guilty of perjury, and shall be punished,' etc. And the second section of the judiciary act of August 13, 1888, in a clause which has been continued in all the judiciary acts of congress since 1789, provides that 'the circuit courts (concurrently with the district courts) of the United States shall have exclusive cognizance of all crimes and offenses cognizable under the authority of the United States except otherwise provided by law. ' And there is no act of congress 'which provides otherwise' in respect of perjury, when committed in circumstances wherein it is an offense...