Page:Federal Reporter, 1st Series, Volume 4.djvu/795

 UNETED STATE8 ». BBBBT. -781 �in the court to assume control of the. prbceedingg wlienever justice may require that it should be doue. In important cases it is familiar praotice for the judges of supeïiôr courts having cognizance of criminal offences to ait aa exalninitig magistrates; and, af ter commitment, the proceedings of magistrates are often reviewed on habeas corpus and certiorari, in the court having cognizance of the crime. �In that -way the courts do but assume control in the pre- liminary stages of matters of which they have the final decis- ion under the law, and no argument can be necessary to support them in a practice which so clearly tends to further the ends of justice. I do not doubt the authority of the court to take charge of these proceedings, andjas thô attomey gen- erai of the state bas corne here to deny the jurisdiction of the federal government, that course will be adopted. The cOm- missiouer will be directed to certify his proceedings into this court, to the end that we may consider here what may be alleged against them. ���The proceedings were aocordingly certified to the court, and the questions involved argued and determined, by consent, in the circuit court :. �(Circuit Court, D. Colorado. November 19, 1880.) �McCiiARY, C. J. It is alleged that on the twenty-seventh •day of September, 1880, the crime of murder was committed within the district of country set apart by treaty of March 2, 1868, between the United States and several bands of the Ute tribe of Indians, (15 St. 619,) and W. H. Berry and S. N. Hoyt are accused of said crime. The United States «laim jurisdiction of the offence on the ground that the mur- <ier charged was committed in a place within their exclusive jurisdiction, and in accordance with that claim the accused bave been arrested upon information filed before a com- missioner of this court, before whom their cases bave been ����