The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-08-21
EMILE FRANCOIS.
Brief History of This Now Famous Mis-
cegenation Case.

Brief History of This Now Famous Mis-
cegenation Case.
The following is a brief history of
the famous miscegenation case of
Emile Francois:
1t originated in Austin in. 1879,
when he was tried, convicted and SEN
fenced to Imprisonment for five years,
for violating the statute of 1858, by
marrying negreSs. The case was
taken to the court of appeals and
there affirmed. EX-United States At
torney G. F. Garland, of the western
district of Texas, acting as attorney
for Francois, brought the matter be-
fore United States District Judge Du-
val, on writ of habeas corpus, and
set up the claim that the stat
ute of 1858 was in conflict
with the fourteenth amendment. and
consequently null and void. Judge
Duval decided in harmony with the
state courts. Garland appealed to
United States Circuit Judge Woods,
who reversed the case. Judge Duval
died, however, before any further ac-
ton was taken. Upon the appoint
ment of Judge Turner, Garland
brought the matter before him, but
he declined to act, on the ground that
Francois residence at Huntsville had
removed him beyond his jurisdiction.
The papers in the case were then sent
to Judge Morrill,, United States dis
trict judge for the eastern district, but
were returned without action. After
the appointment of Judge Sabin, Gar
land tried it again, but owing to the
absence of Francois signature to the
application it. was again refused. Here
the matter rested until recently, when
Judge Sabin called it up, and notified
Garland, who was at the time in Con-
necticut, that he would be expected
to return and continue the proSecu-
ton of the case. The public is famil-
lar with what followed; how Fran
co.'s was discharged from custody
upon receiving notice of his pardon
by the governor; and the suit now
pending against Governor Ireland, in
which he is charged with cOnspiring
to defraud Francois out of his rights
of citiZenship,th the pardon not restoring
them. Governor Ireland seems to re-
gard this charge OF trivial import, and
the federal authorities here look upon
the matter as a piece of mere folly
on the part of both Gar
land, who drew up the papers, and
Spann, the commissioner before whom
the charge was made. No papers
have ever yet been received here for
service upon the governor, and the
marshal of the Eastern district has no
authority to serve them himself be-
yond the limits of his own district
Governor Ireland left yesterday for
Houston, which is in the Eastern dis
trict, and his arrest may be made
while there.
The amended pleadings of Francois
relating to his habeas corpus case
pending here for nearly five years
(Substantiated, as we learn, by a tran,
script and certificate from the
clerk of the United States courts
hero, allege the remarkable fact
"that no entries whatever in said case
(below or on appeaD now appear on
the minutes of the United States dis
trict and circuit courts at Austin
that not only are lost from the re.
cords of said courts at Austin all the
original papers before Judge Duval
and the certified copy of the record fol
the circuit court on appeal, but also
are lost all original papers relating to-
or filed in, said case on appeal Gnclud.
ing this interlocutory appica-
aforementioned in petitioners ap-
plication in this court which
were based on and formed q
part OF said case at Austin, and in
Guiding an exhibit, duly fled with one
of those interlocutory APP
plications, the letter of Judge
Woods in petitioners ap-
plication here, as announcing the re-
versal of the Judgment rendered by
Judge DuvaD-so that there is now
absolutely nothing in said case (either
below or on appeaD on file or of record
in the office of said United States
court at Austin, except some docket
entries in said Circuit Court.