Hoke v. People

Citations

• 122 Ill. 511
• 13 N.E. 823
• 1887 Ill. LEXIS 996

Syllabus

<p>1. Conflict of laws—State and Federal jurisdiction—generally. A State has the same jurisdiction over all persons and things within its territorial limits, as any foreign nation, when that jurisdiction is not surrendered, or restrained by the constitution of the United States, and all those powers which relate to merely municipal legislation, or what may be called internal police, are not thus surrendered or restrained; and consequently, in relation to these, the authority of the States is complete, unqualified and exclusis-e.</p> <p>2. Same—State and Federal courts—concurrent jurisdiction in criminal offences—punishment under different jurisdictions for the same act. A general grant of jurisdiction to the Federal courts by act of Congress, is not, of itself, sufficient to vest exclusive jurisdiction in those courts, of all crimes and offences cognizable under the authority of the United States, unless so provided in the act.</p> <p>3. The State courts have jurisdiction to try and punish one guilty of the forgery of a draft purporting to have been drawn by a national bank, although such person may have been a clerk or book-keeper of such bank, and may be liable to punishment under section 5209 of the Revised Statutes of the United States, for the same act. .</p> <p>4. The purpose of section 5209 of the Revised Statutes of the United States, is the protection of national banks, and the punishment of breaches of trust on the part of those holding fiduciary relations toward such banks. It is not ’leveled against the common law crime of forgery, but against a breach of trust, and the offence is made only a misdemeanor. The State law against forgery is in no way repugnant to that section.</p>