The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-08-28
DEPART MEN rs.
THE CURTAIN DROPS IN THE
NOTORIOUS FRANCOIS MIS-
OEGENATION CASE.
United States Marshal Tracy Re-
turns Without the Gov
ernOr to Galveston.
MINOR MATTERS.

Col. James G. Tracy, United States
mar shall for the eastern district of
Texas. called at the governors Office
yesterday and handed the governor a
warrant for his arrest in the Francois
case. The governor handed the docu-
meut to his secretary to copy. The
marshal was evidently excited at the
moment of the weighty proceedings
he had taken, and explained that in
doing so it was with the greatest re-
luctaDce ne felt bound to perform
such an official duty. Gov. Ireland
relieved him of embarrassm by
assuring him that he appreciated his
sense of duty in the matter. He
would go to Galveston with him to-
night CAST night and seek his redress
in the courts.
Col. Tracey then inquired of the
governor il he doubted his au-
thority to serve the papers.
Governor Ireland answered: 81 will
be frank with you. 1 do doubt your
| authority and shall hold you and
| other parties concerned in the matter
responsible for any errors in the way
of false arrest and imprisonment. AS
others have made themselves already
/
you are making no mistake, for which
| you will have to answer"
Hereferred Col. Tracey to the Uni
ted States statutes on the subject of
| marshaPS duties, in such cases, and
! thereupon Col. Tracey asked that the
| papers be returned to him, and not
considered formally served until he
could consult with United States Dis
trict Attorney Evans in the matter.
| The papers were returned to him as
requested and on leaving he said:
Governor, this seems like a poor re-
turn l am making. You got me out
of Jail in Seguin, and now am on a
mission to incarcerate you," The
governor pleasantly added: 81 know
you are only doing what you feel to
be your duty"
Col. Tracey then consulted Judge
Evans and elected his views as fol-
lows:
U. S. ATTY's OFFICE, WESTERN DISTRICT
TEXAS, August &c, 1884:
Hon. j. G. Tracey, U. S, Marshal, Eastern
District, Texas.
DEAR SIR:-You kindly submitted
| to me the following questions:
"Can the United States marshal OF
| the eastern district of Texas arrest a
citizen, resident and found in the
western district, under writ issued
from United States commissioner OF
the eastern district of Texas and carry
the body of such citizen before said
commissioner for examining trial I'm.
| der the whit.
Answer-No, unless in some special
case.
You ask-"Is not charge of viola
lion of section 5510, revised statutes
of United States special case?"
Answer-No; section 5510 has been
shorn of its apparent force by the de
ciSion of the supreme court of United
States IN the Grant Parish La,
cases and is, now only in force as tC
the right to vote, alien rights, anG
colored people; and your writ shows
no such case. Section 2, Otto 542.
You ask-"Am l not empowered tt
execute the writ aforesaid by virtue
Of the last clause of section 1884 re
vised statutes ?"
| Answer-No; that is special power
not a general one; and to execute q
par ,icdlar act of congress, viz, act Of
May 81, 1870, commonly called thu
civil rights act; and nearly every
clause of that act has been declared
void in the above Cause and othel
cases, so far as it is crime punish
able by United States court to violate
the same, and of course the specia
power in you to execute a law, must
cease when the law ceases.
| You further ask: How can a citi.
zen, if ever, found in the western dis
trict of Texas, be arrested and taken
out of his district to another for tria
on charge of crime?
Answer.-Under section 1914, re
vised statutes; and in case it is desira
BILE to execute writ as above, then
paesent to the Judge of the western
district evidence of a criminal charge
in your district against a person in
the western district; then such judge
will order his warrant to the marshal
of his district to arrest and a writ OF
removal to your district.
| L am, etc,