Daily globe., 1879-01-26
WEARY WORRY.
One More Day in the Frank Burke Case
With Frank Behind the Stove.

The curtain rose yesterday in Judge Wilkins
court on another act of the interminable drama
entitled The Merchant of st. Paul. A resume of
the Play-ln dead earnest, may, with some de-
gree as reminder, be profitable. Act I, scene
laid in st. Paul; Frank arrested. Act II,
scene laid in Hudson; Frank released Act III.
| shifting, cars in motion; Frank re-arrested
| Act ", scene laid In Hastings; Burke arrested,
frank released. Act V, scene laid in st. Paul !;
Burke released, Frank re-re-arrested. And the
curtain yesterday rose upon Burke in the act
of making a return to the papers in.
tended to rc-le-release Frank. Messrs.
Clough and Rogers appeared for Burke.
and Mr.. Z. D. OBrien was armed with author.
| tiles for Frank.
Respondent Burke, by his attorneys, made
return to the court, in substance declining to
bring the body of Frank into court and deny-
ing the jurisdiction of the court in the matter,
claiming that he was acting under the laws Of
the United States, and that the United States
courts had sole and exclusive jurisdiction.
Ihls presentment was vigorously combated
by Mr. c. d. OBrien.
the Laws, cited opinions from the courts, and
concluded by adhering and contending for the
exclusive right of the federal courts to adiudi-
cate in the premises.
MIR. Rogers followed in the same vein. He
contended that Burke acting under the
~S'''o ~
so acting, he was an officer Of the United States
government, ''or any other person. contem-
plated under section 9 of the law of 1893 rela-
tive to fugitives from justice. If he were acting
solely under the authority of the Governor or
laws OF Minnesota he could be circumscribed
by the boundaries OF the State, and once with
out Its confines he and his prisoner would be-
come the prey Of any or every State court
through which he might pass. The war
rant Tor Franks arrest once in his hands and
executed, he became enveloped in the impreg-
gable panoply of the power of the United
States. He was empowered" by the United
States alone ''to transport his prisoner A
prisoner once in charge Of an
officer under circumstances like these
arising from regular proceedings and according
to lawful process, had no remedy but from a
United States court. Counsel referred to
decision of Chief Justice Roger B. Taney in
| support Of his position.
Both Mr.. Clough and Mr.. Rogers contended
for this principle, enunciated above, but dis
| avowed any intention of bringing about any
conflict Of jurisdiction. But acted advisedly
and with sense of duty to a higher power
than that possessed by the court, and at the
same time disclaiming any thing but the high
est respect for the court in which they professed
to be unsurpassed by no one practicing at the
bar.
Mr.. y Brien replied, and contended that op-
posing counsel were in error. The Governor
OF Minnesota had granted the warrant to
Burke; his action was ministerial he was
State officer and all his acts were subject to
review by the courts of the State. He claimed
the court had the right in law-quoted authori-
ties-to inquire into Franks detention. He
| insisted that respondent be made to produce
the body Of Frank in court
The upshot of the argument was that the
court, after some expressed hesitation, ordered
that Franks body be brought into court.
Meanwhile Frank had been sitting behind the
big coal stove all the time.
just previous to making the order, the court
prefaced it by stating he could not assume that
the State courts had no right to make inquiry
| that the United States courts had
the exclusive Jurisdictions in cases
mentioned by counsel (AIr. Rogers).
1t this were SO, residants remote from United
| States courts would frequently be subjected to
hardships and be solely without remedy. True,
IN one sense Burke was acting under the United
! States laws, but their provisions were enforced
by the Governor. State officer who was not
amenable to the United States government or
| full discharge of his duty in this respect.
MIR. O Brien got up here and INDUCED in a
little heated oratory. He wanted attachments
| issued for the respondent and his attorneys.
The court observed, he'd make his order
and II that were not obeyed attachments
would follow.
The order was handed over to Mr.. Clough
He made response in writing, submitting under
protest to the superior power Of the court.
Then Frank came out from behind the stove.
Mr.. O'Brien asked that Frank be admitted
| to bail.
The court disposed of him by giving him
into the custody of Sheriff King. After some
more rambling shots, it was decided to hear
the argument tomorrow at O. clock P. NJ.