Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1884-04-15

either In their wise discretion or i'm
pursuance of statutory provisions, for
the rendition of fugitives; and among
other rules is the one that the "requisi-
ton Is not sought for the purpose of
collecting debt or satisfying some pri-
vate end, but solely in furtharance of
public justice" Rule Q, state of Iowa;
circular letter, Jacob b. Jackson, gov.
ernor of West Virginia; rule 8, state of
New Hampshire; rule 8, state of Colo
RADIO; rule 4, state of Ohio; rule 6, state
of Nebraska; rules . and 3, state OF
New York.
The governor of Ohio says in adopt
ing the rules alluded to-: sin all cases
an affidavit substantially as follows is
required: That the persons for whom
the requisition is made is fugitive
from justice and that the requisition for
his oxtradition is made in good
faith, with the sole intent to prosecute
him for the offence charged, and not
to secure his presence in the demand
ing state with view thereto to serve
him with civil process, nor for any
other private purpose. This seems TO
be required by all the states.n
This Is the general tenor of all the
| ANNSiNNu WIS tACtUb tltt
states of Texas and Virginia, and in
adopting them i have no idea that the
governors of these states had any in
tention of throwing discredit upon the
executive or judiciary of any other
state. They are undoubtedly war
ranted by eNperience-the indisputable
fact that the eXtradtion of fngitives
had been demanded for the further
ance of private ends. These instances
may be rare, but should nevertheless
be guarded against.
j have been very liberal in granting
requisitions-probably too much 50. /
have not eXacted, as some states re-
quire, the production of the original
evidence submitted to the governor,
but have received his certificate of the
, facts as autleh ic.
, i have too exalted an opinion of
l your great state, and for you, person.
Y ally, too high regard to do anything
Q that would infringe upon the honor of
, the one or the dignity of the other
1 Therefore, l will state that in refusing
7 the requisition in the case of Carroll. /
4 did not intend to reflect upon the
: honor of your state through her Judi.
!. ciary, nor upon her dignity through
[ her executive.
e During my term of office / have is
e sued fifty-one warrants on acquisitions
= from the governor of Texas. / have
e of fugitives. L have visited the state
/. house ut night to superintend the issu.
e ing Of warrants, and have risen early
# to perform the same duty, and have
}. returned TO the state capital when alb.
r sent, for the same purpose, and have
l. waited time and time again on the
n kilograms of detectives to enable them
II to receive speedily the warrants. In
g fact, have never attempted to shield
Ie criminals from judicial inquiry.
y In the instance alluded to 1t was re-
d fused because the laws of Louisiana in
II terms forbid it.
n Iregret very much that inadvertent-
IS ly the word "order' in nv TELEGRAM,
y was used instead Of "requestn That
Of 1t gave otiense to your Excellenev I
rs assure you is to be regretted. i re-
10 specially tender an apology, Gisclaim.
IN Ing any intention whatever ITO violate
s. the law of Texas"
IL IL might be that / was i'm error in
81 declining to issue warrant for Car.
ne roll. a letter more temperate i'm tone
Il. and amiable in expression than the
I'd one to which this Is an answer wonld
o. have been appreciated, and would have
ne neen surer means of correcting the
>AtNA n tNsutt w tlt law Of rAtn1i.
ar alton. i will not, however follow vomr
Excellency's example, ut will con.
tinue to honor your acquisitions. Aid
ana facilitate the return OF fugltives to
Texas, whenever i can do so and com.
ply with the laws of this state.
am, very respectfully, your obed;.
eht servant, >. ID. McENERy,
OF Governor.
GOV. IRELAND's REPLY.
ge The following is GOV. Ireland,s final
y rrejoinder to Governor McEnery of
nr Louisiana: "
ne Sir--I have the honor to aek non,,
q, edge the receipt OF your commnn;"a-
's- ton of April 9th. You must imaoina
&. my surprise when l received yonr t.I
OF egram asking me to order the snerl0'
oil Kaufman county 10 hold the nris.
y, oner Clarke until your reouIsifion
IA reached here; l had the day before
d been placed In possession Of
at the requisition of the GOV.
10 ernor Of Texas on the COVE rnor
50 OF louisiana for the return of the
re fugitive Carroll, with the endorsn-
es ihent OF your refusl 10 surrender him
~ anu OF course felt keenly what 1 had
every reason To believe an intantionai
" disrespeet to Texas and her consiitnta,i
~ authority. | could net then and A.
Sc not now understand how the non.er,
ID istence OF the crime charged against
le Carroll In the criminal code Of Ianis
y iaha as an offence could have tha
50 sngntest bearing on the question nj
issue This was ons OF vonr
e reasons. Tho other, to.wit yIInf
10 no affidavit accompanied III. .nnt
VI uoD, showing that the fugitive . ,
9, wanted in Texas for legitimate WINS
~ pose, was soextraordiuary thai liz sni-
y sun was felt to be gross one n '"u ~
y y. tered not whether this reouira,mmnasI.
;, was an executive regulation or s,a,,.
q Sofy, Y was not unfriendly and iI iea.I'
S'Ii sucn astatute exists Ia Your s,s sa.