The Austin weekly statesman. (Austin, Tex.) 1883-1898, 1884-08-28
C. TRACY,
THE UNITED STATES MARSHAL OF
THE EASTERN DISTRICT AR
RIVES IN AC]TIN,
. And Expects to Bear the Texan
Governor Back to the
Island City.

Notwithstanding the fact that il
has been asserted that the capias is
sued by u. s. Commissioner James T
Spann, at Galveston, for the arrest oil
GovcrnostRhn Ireland, for the alleg.
ed violation of article 500, revised
statutes, would never be executed. u
5. Marshal James G. Tracy arrived in
Austin yesterday morning for that
purpose. The capias was issued by U.
). Commissioner Spann upon COM
plant of Emile Francois, charging
Governor Ireland with conspiring
with the managers of the state
penitentiary to defraud him out of
his rights of citizenship; and placed
in the hands of Marshal Tracy for ex-
ecution. 1t is dated August 18th, and
Is made returnable on the 9th, and
authorizes Marshal Tracy to make
the arrest
ANYWHERE IN TEXAS.
Under ordinary circumstances the
marshal of a federal district has no
jurisdiction beyond the confines of
his own district, and would have to
call upon the officers of the district
in which the arrest was desired
before it could be made;
but in a case where the offense
charged is in violation of any of the
civil rights statutes, articles 1884 and
1885 provide for the extension of juris-
dlction in order that any marshal may
execute a capias anywhere in the
state. AS this is an alleged violation
of one of the civil rights statutes,
Marshal Tracy has the authority to
arrest Governor Ireland, without ask
ing the federal authorities of
this district any odds, or requir-
ing their assistance in the premises.
Marshal Tracy states that he has de-
layed the execution of the capias until
now in order to give time for any &C
tion which might have been contem-
plated looking to the prevention of
further proceedings in the matter, but
that at last he is compelled to act in
order to save himself from the penal
ties which would attach to an omis-
sion of duty on his part. He states
that he telegraphed to Commissioner
stood, and received the following re-
ply:
COMMISSIONER SPANN'S REPLY.
GALVESTON, August %.
J. G. TRACY, United States Marshal, Austin:
be executed. JAMES I. SPANN,
Commissioner.
This is considered final, and Marshal
Tracy expects to make
TIE ARREST
to-day, aud carry the Governor back
with him this afternoon to Galveston.
Col. Tracy states that Commissioner
Spann is democrat and has declared
, fnfuYntinTt eF xrnfino, fn.. (AnUnrTn or
lrelands reelection. This, Col. Tracy
litical significance which some have
attempted to attach to it.
This will not be the first time in the
history or Texas when one Of her gov
errors has been arrested for alleged
state, aud IF liable to arrest in the
state courts, who can question the ju-
risdiction OF tho federal courts?
GOVERNORS DAVIS AND HUBBARD.
1t will be remembered that in 1872
Governor L. j. Davis was arraigned
before Travis county justice of the
peace for an alleged violation of the
law in issuing to w. T. Clark GER
tificate of election as congressman
from the fifth district, when, in reality,
ID. q. Giddings had been elected. Gov.
Davis was acquitted, although Gid.
dings was finally awarded the seat in
congress.
Governor Hubbard, too, was arrested
for some trivial offense against the
state, while its governor.
Governor Ireland will not be very
much frightened at the appearance of
Uncle Sans man to-day, and regards
the charge of only trivial Importance.