Page:Federal Reporter, 1st Series, Volume 5.djvu/570

 558 FEDERAL REPORTER. �«rai revenues derived from the levy of one-half of the 1 per cent., if the levy of one-twentieth of 1 per cent, is not suf- ficient, or wliether such general warrant for the deficiency on the 1-20 fund shall follow the language used by the United States supreme court in the case of the United States v. The County of Clark, 96 U. S. 211. Since that and other de- cisions rendered by the same court, the state statute passed for classification of the general revenues, it is contended, would practically leave no general funds applicable to the payment of plaintifif's judgment. �It may be that the purpose of the statute in question was to defeat the operation of the rules laid down in the decisions of the United States supreme court on this subject. But it must be borne in mind that under previous decisions of the same court the employment by United States courts of state or municipal agencies, to enforce the judgments and decrees of United States courts, must be in conformity with state statutes; or, in other words, that in the absence of authority on the part of county or municipal offieers to act in the way desired, a United States court cannot compel them to so do. When United States courts seek the aid of county and municipal offieers, to enforce their judgments and decrees, they ought not to ask said offieers, who are not United States offieers, to go beyond their lawful duties in executing what United States courts demand. If they may be considered, quoad hoc, United States offieers, still, they are not clothed ■with olher and greater authority than is vested in them by the làws creating their offices. The command of the writ issuing from a United States court cannot be for them to do •what they have no legal right to do. That command can give them no legal authority beyond what was before vested in them. The court cannot enlarge their powers. If they have the power they can be compelled to exercise it. If they have not the power the writ cannot confer it upon them. �The demurrer to the return in this caae is weli taken, and will be sustained, but the peremptory writ will issue for a warrant upon the general funds of the county, and, not as sought, upon the general revenues. The county must con- ����