The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1880-04-30
srarE Elenrs rrxnse.rr,.


Upon the hearing ef iI,r writ &C la
Jeas corpus in the case f Ah Lee, con-
viciei Of pe'jary, judge D..ady ordered
that the proper notice bc served upon
the District Attorney an.l the Governor
OF the State, which ELECTED the follow
ing reply from orr chief executive
PonTl.ASD. April Il. 1890.
lien. H. r. Deady, Juige Of tie Dis
tr;ct Court Of Tie Eailef .Sates for
Tie District ef' Oregon
Sal have the honor TO acknowi-
ell se service of Il notice In the matter nf
;he application Of Ab Ie. Tor writ of
habeas corpus. to le -'r.cled TO y. I.
Sorsie", E.q, Sheriff OF the county of
Mul,nnrnah. which Is now iendin. ~
f.a.. he United States DISTRICT Court
f,r the District Of Oregon. ana which
u,tics., ns understand. was served at
t"sr anecston. By the terms of the
ioilcr. hberty Ia appear la the proretel-
ing and resist the application is cour-
teously extended TO ine as Governor Of
this State. II il wcii known. and
snpp,,s.. the petition before sou Disclosed
the fact that the petitioner, al Lee.
was, more than wear ago, indicted in
the Circuit Court Of tbs State oi Ore
gon, for the county of Multuomah, by \
gr nd jury of that county, for the crime
of murder, that hc was dniy tried hy n
trial jury of tho Circuit Court, who re.
turned verdict Of guilty Of murder in
the first degree, that sentence of death
was thercupon pronounced against him
lev the Court. aud warrant issued for
his execution to the Sheriff Of the
county, and that he is now awaiting the
day fxod in the warrant to expiate the
crime of which he stands convicted. /
am informed that il il alleged in the
petition, and that the petitioners coun-
sci claim, that the State Court in which
the petitioner was tried aud convicted
had no authority to try him. hat il was
not legal, constituted, that it WIS only
pretended Court, that the act of the
Legislative Assembly of the State of
Oregon, entitled "Au net 10 provide for
the election of Supreme and Circuit
Judges, in distinct classes, passed Oct
ober IL, 1878, Is unconstitutional and
void for various reasons aud as de-
duction thereftom it is claimed, sup
pose, that the appointment of the sew
erIl judges, both Of the Circuit and
Supreme Courts, in accordance with the
....y,,s.sa,ss. nf II ,.,,ilst,r
that they do not hold their respective
offices even cokore o. Giciiii, and that all
acts of the respective Courts, over which
the distinguished gentlemen have re-
spectively presided for more than year
past, and to whom has been committed
the entire administration of the judicial
department Of the State of Oregon dur
ing that time are invalid and can be iu-
qnirel into in collateral procceding-
an application for habeas corpus-and
before another jurisdiction. il is un-
necessary for me to say that | wholly
truthfully add that l regard it as quite
presumptuous. The question as to the
construction of the constitution of the
State and the validity of its laws neces-
sarily and rightfully devolves upon its
constituted authorities, aud when the
subject matter pertains strictly, as in
this case, to the regulation of the in
ternal affairs of the State, no other au-
thority on earth has any right to lues-
tion the determination of its tribunals
upon the subject; ut least this is my
opinion, and / shall strictly adhere to il
so long as the political heresies of the
day, that the United States as nation
and not as federal union, do not gain
absolute and complete ascendancy.
Since the organization of tho judi
ciary of the State under the act of Oct
oher II, 1878, no one has ever attempt
ed to challenge the authority of the
Judges appointed under the act. Every
/ department of the State government
has recognized their authority and i
has been fully acquiesced in by the peo
pie, at least SO far as the authority o
Judges and Courts are usually acknowl
edged.
Important controversies have heel
adjudicated upon betweon private par
ties, and innumerable fines, forfeiture
and punishments have been inflicted a
the suit Of the State many Of the pur
ishments have been in capital cases
Besides, the organization is liable to cor
! ! tinue indefinitely. At The ensuing ] uu