EHODE ISLAND. 



683 



work, " Philosophie und die Naturwissen- 

 schaften " (1874), proves him well versed in 

 these sciences. The large majority of his works 

 are, however, of a geographical character. 

 Among these are : " Kosmos fur Schule und 

 Laien " (1848), " Vollstandiges Lehrbuch der 

 Geographic: 1. Physik der Erde (1851); 2. 

 Beschreibende Geographic " (1852 ; fourth edi- 

 tion, 1872); " Elementargeographie " (1859, 

 fourth edition, 1874) ; " Handbuch der Geo- 

 graphie " (1858) ; and " Illustrirte Geographic 

 fur Schule und Haus " (1856). 



EHODE ISLAJSTD. The adjourned session 

 of the Rhode Island Legislature, which began 

 on the 19th of January, continued till the 16th 

 of April. Voting for a United States Senator 

 was immediately resumed,* the twenty-second 

 ballot being taken on the first day. There 

 were 104 votes cast, of which 43 were for 

 General Ambrose E. Burnside, 27 for Nathan 

 F. Dixon, 16 for Amos 0. Barstow, and the 

 remainder for several other candidates. Fi- 

 nally, General Burnside was elected on the 

 twenty-eighth ballot, receiving 62 votes out 

 of a total of 104, Mr. Dixon having withdrawn 

 his name. On the 28th of January Thomas 

 Durfee was elected Chief-Justice of the Su- 

 preme Court, in joint convention of the two 

 Houses, receiving 70 votes out of a total of 86. 

 Later in the session John H. Stiness, of Provi- 

 dence, was unanimously elected an Associate 

 Justice of the Supreme Court. 



On the 4th of March a communication from 

 the State Constable was submitted to the Legis- 

 lature by the Governor, regarding a conflict 

 of authority between the said constable and 

 the United States Marshal in the city of Provi- 

 dence. The marshal held a quantity of liquor 

 under attachment at the suit of parties residing 

 in another State, and allowed the same to re- 

 main on the premises of the defendant, a liquor- 

 dealer in Providence, in the nominal charge of 

 a book-keeper of the proprietor. The packages 

 were labeled and kept in a portion of" the sa- 

 loon apart from the rest, separated by a parti- 

 tion, but it was claimed by the State Consta- 

 ble that the owner had access to them, and 

 sold the liquor in violation of law. He ac- 

 cordingly attempted, on the 23d of February, 

 to make seizure, and, the marshal refusing to 

 designate the packages held by him under at- 

 tachment, he proceeded to seize the whole. 

 This was resisted by the marshal, who called 

 on the chief of police to aid him. The assist- 

 ance of the police was given to the marshal, 

 although it was claimed also by the State Con- 

 stable. When the matter was brought to the 

 'attention of the Legislature, an investigation 

 by a special committee was ordered. A ma- 

 jority and a minority report w.ere made by the 

 committee. The former, after enumerating the 

 facts as established by the evidence taken, de- 

 clared that they pointed to these " irresistible 

 conclusions : " 



* See ANNUAL CYCLOPEDIA for 1874. 



1. That the attachment in question afforded no 

 protection from seizure under the laws of the State, 

 ot" liquors in the actual possession of the owner or 

 his agents, while engaged in illegal sales of such 

 liquors. It is not necessary even to charge the mar- 

 shal with actual conspiracy in order to reach this 

 conclusion, it being sufficient that, with full con- 

 sent and authority of the attaching creditor, he so 

 neglected to care for the property in his constructive 

 possession as to permit its unlawful use. At the 

 same time the conclusion is unavoidable that this 

 official erred in allowing his office to be used as an 

 interposition between the law and its violators, 



_ 2. That the conduct of the chief of police of the 

 city of Providence is, upon his own showing, wholly 

 inexcusable. An executive officer cannot play fast 

 and loose with his duties as superior or as subordi- 

 nate. Upon the assumption made by him there is 

 no possible manner by which the laws of the State 

 can be peaceably enforced. The paramount force of 

 constitution and law, and official oath, is entirely 

 overcome by the idlest word of command from a 

 United States officer, who has no right to or title by 

 law or usage to control the police authority, whether 

 of the State or the city. 



3. That while the occurrences which led to this 

 inquiry are greatly to be deplored, and considering 

 the delicacy of their position toward the marshal, 

 the State Constable and his deputies might certainly 

 have justified their conduct had they neglected to 

 seize liquors supposed but not known to be included 

 in his attachment. Yet they were under no legal 

 obligation to show him any such favor. It is obvious 

 that they acted only in the strict discharge of a law- 

 ful duty, in making the seizure, in refusing to recog- 

 nize the marshal as being in possession of liquors 

 which the owner was selling in flagrant violation of 

 law, and in calling for aid from the police of Provi- 

 dence. 



The majority of the committee concluded 

 their report as follows : 



The gravity of the questions involved in the in- 

 quiry no one can fail to appreciate. A repetition of 

 such scenes must lead to a bloody vindication or to 

 a general contempt for the officers of the law, still 

 more hurtful to the community. There is no such 

 thing as State sovereignty or State rights if our po- 

 lice are to become the servants of the United States 

 Marshal, whenever it suits his caprice or his fancy, 

 his interest or his fears. 



Your committee find, however, that no action is 

 needed in the way of providing further safeguards 

 by legislation against unwarrantable interference or 

 false notions of duty. It seems impossible that so 

 great a mistake can be again made by those who ex- 

 ercise control over the police of the city of Provi- 

 dence. Disclaiming no right to censure the conduct 

 of an officer over whom the General Assembly has 

 no control, your committee would, perhaps, be justi- 

 fied in leaving a subject of such excessive delicacy 

 without recommending any action whatever. But the 

 facts stated in this report are such as certainly deserve 

 attention from the authorities to whom this officer is 

 accountable, and to their impartial review these facts 

 may with propriety be submitted. The committee 

 accordingly recommend the passage of the following 

 resolution : 



Resolved, That his Excellency the Governor be 

 requested to cause to be prepared, and transmitted 

 to the President of the United States, a statement 

 of facts relating to the interference of the United 

 States Marshal for the District of Ehode Island with 

 the State Constable in the discharge of his duty in 

 the city of Providence, on the 23d day of February, 

 1875. 



The minority of the committee were of the 

 opinion that they had no authority to investi- 

 gate or to report, except as to the necessity of 



