The Emporia weekly news. [volume] (Emporia, Kan.) 1881-1889, 1882-10-19
FRANKS FUTURE
Possibilities That tho Outlaw VIII BE
Somewhat Vexcd.


Somewhat Vexcd.
Kansas City Journal: tits foregone
conclusion that the Cracker Neck petit
jury which will be impaneled TO try the
cases pending against Frank James IN
the district court al Independence Will
acquit the distinguished bandit. If
Frank is to be believed. his one ambition
is to settle down as u farmer among his
own people, and to spend the declining
years of his active life in the manner of
a cut-throat of the comic opera who,
when not occupied in committing crimes
had fondness for listening to the pleas
ant village chimes. So far as the officers
of the law of Missouri are concerned,
the outlaw will be permitted TO indulge
his passion for rural quiet, but there are
literally q number OF counties in other
states yet to be heard from touching his
ultimate fate. Kentucky, Minnesota
and Kansas have courts for the trial of
offenders against their laws as well as
Missouri, and it is quite reasonable to
anticipate that on some quiet morning in
the not remote future, when Mr.. Frank
James, farmer, shall be employed in
tilling his fat acres, some court function
airy, on behalf OF some one of the courts
OF any one of the states mentioned, will
wait upon him with an emphatic re-
quest for his presence. This is posi-
bility contingent upon the good pleas
ure of the governor of Missouri, whose
authority will have 10 be first invoked
before the foreign officer will be permit
trd 10 execute the process of his court.
That the present chief executive of this
state will do everything in his power to
shield his pTOtege from the conse-
quences of such an unpleasant visit as
the above is plain Inference from the
expressions which CFittenden has freely
let fall. In view of tho governors as
certained intentions in the premises, il
becomes an iaterestin" question to deter
mine whether or not the governor OF
Missouri can legally respond tn Tequi-
Sition for the surrender of Frank james
in case requiSition is forwarded 10 him
from the governor of any other state.
For the purpose of solving The question
of the governors powers in the premi-
ses, Post Dispatch reporter reccatly
| called upon MIR. Jos. G. Lodge
The question was put to Mr.. Lodge
| and in reply that gentleman stated:
81 am of the opinion that Governor
| CrittendeI could legally refuse to honor
requisition from The governor Of any
| foreign state for the surrender of one OF
| the citizens of Missouri. While il is
customary for governors to respond 10
acquisitions from governors of other
| states, there is no power to compel them
! to do so. 1t is not so long ago that Gov,
ernor Crittenden declined to accede tC
the demand of the governor of Tennes-
see for the surrender of a man named
Smith, l think, who was wanted il
| Tennessee to stand trial for an Offense
committed-in that state q number o
years ago. l don't think there can b5
/ Il -
if the governor should corruptly refuse
to honor requisition from another
| governor he might be impeached, bul
his discretionary power in the premise,
| is unquestioned."
THE consequence will be that il
Frank James is acquitted in Missouri
| he need fear no molestaiion from the
courts of any other state in which he
has offended against the IawsS"
"Oh, no." said Mr.. Lodge, "you must
| remember that Frank James is accused
! of heinous offenses. Among others he
| is charged with murder. Now murder
| is crime against which the statute oil
| limitations does not run. A murderer
can be indicted and tried fifty years at
ter his crime has been committed. In
some Of the expeditions" which Frank
! James is reported to have generated
4
murder, and if it can be proved that
| Frank James was member of the at
lacking party he is liable to be tried for
the crime twenty years from now. Gov
| ernOr Crittenden can, as ! have stated
| refuse to surrender Frank, but his sue.
cessor may not feel Sc kindly to James
| and may give him up whenever he feels
| disposed to do SOL
| Gould the federal courts take Frank
James away from Missouri for the
purpose of trying him in another
| state?"
"Unquestionably they could The
| government of the United States sus-
tains the same relation TO the different
| states that each state bears TO its own
counties. Now, the state can arrest a
criminal, against whom an Indictment
| is pending in one county, in any county
of the state, and the United States gov
| eminent can similarly arrest an offender
| against the general statutes whenever he
can be found. James is accused of rob
bling mails which is an offense against
the laws of the United States, and in
the exent that he is acquitted by the
Missouri states courts he could be taken
| from this state carried before a federal
judge, sitting at Minneapolis. for in.
stance, and tried there"
Then the future of the outlaw is not
| altogether one of assured case and
| quiet"
"By no means" replied Mr. Lodge.