Page:Federal Reporter, 1st Series, Volume 1.djvu/216

 208 FEDERAL REPORTER. �After argument a leargument was ordered, which ripened into judgment in the case of Taylor v. Carryl, 20 How. 583. The resuit was this ruling : That, considering the peculiar ohar- acter of our government, whatever rightful jurisdiction first obtained custody of these matters, it must, ■without interrup- tion by other courts, be permitted to proceed. �For instance, in a case of admiralty, when under the vari- ous state laws, by attachment or otberwise, the res was in the custody of the state authorities, and a warrant is issued in admii"alty, where there is exclusive jurisdiction as to some matters, (a stronger case than Mr. Campbell's,) what shall be done with that process? Shall a United States court undertake to take the res ont of the custody of the state ofïicers? No. So said this court and the supreme court, after reargument. And the state court accordingly pro- ceeded with the matter. If, subsequent thereto, the rights of the parties having been duly considered, a libellant cornes, having a prior lien, and pursues the property in the hands of the purchaser, his lien will be recognized and enforced. So stands the body of the admiralty law up to this hour. �Now, vice versa, supjooae there was a receiver of this court in the custody and administration of certain afïairs, and the state courts attempted to interfere with such administration, this court would repel any such interference, and any person who, despitc the lawful custody of the officers of this court, should attemptto interfere with such administration, would be in contempt. But, waiving tl]at wheilioi they would or would not, this coiart would iftsist upon its oiïicors administering the estate in due form. On the other iiand, if the state court is lav.fuUy in possession of these matters it must go on in its course without inteiference. They are independent juris- dictions for the respective purposes. �With these ancillury matte.s stated, you may present your demand for and pur.-,ue the remedies in one or the other tri- banals as you p'ease. Further, take the case in hand. There is an act to be examined — the Insurance act of this state. I have examined a copy of the insurance laws with reference to the force and elïect of the act. In a few words it is this : ��� �