Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1890-03-05

of the Revised Statutes, that writ OK
habeas corpus shall not extend 10
prisoner unless in custody for an act
done in pursuance OF the law of the
United States. As it is not asserted that
Nagle acted on the authority of any
statutory law of the United States, aud
as there vas no law extending the pro-
lection outside the precincts OF the
court building, he declared that
the deputy marshal should be remauded
to the custody OF the state or California.
If it were true that his act was justitia-
BILE homicide, necessary for the prOtec-
ton of Justice Fields life, then there
need be no fear that the state would not
acquit him. But il was for the state TO
decide this point.
Acknowledgement Miller, who followed
in behalf of the United States, said that
he would base his arguments upon two
propositions. First, that it is the duty
OF the executive department to protect
the judiciary of the government. Second,
that under the constitution the judiciary
being in allegiance to executive, II -
duty of judiciary department TO SIT IN
judgment on acts OF its officials In per-
forming their duties in accordance with
the constitution He quoted from the
words Of Secretary Bayard, that the in
herent right OF the government
to enact and enforce laws
gives it the power to protect its service
in their execution. The RttOrney-gen-
eraI argued his case OH this line. Ths
proposition advanced on the part of the
state was heresy, and as old as the gov
eminent which had been refuted
times without number In the
courts, in congress and upon battle
field. It was the same argument that
the executive had no power except such
as was specifically granted by the legis-
lative department that had been used
before the civil war to deny the power OF
! the government to coerce seeding
states.
Justice Brady interrupted the attor-
ney-general in the course Of his remarks
with the question: ''With what force
shall the president execute his power OF
protection of which you speak, supposiDg
that the marshal had not sufficient force
for the purpose?'
y-general-With u posse, in
the first instance, and if that were not
sufficient, with the army aud the navy
Justice Bradley-Then he has the right
to aid all citizens of the United states In
maintaining the laws and in protecting
institutions of the government?
Mr.. Joseph Choate of New York, who
followed the attorney general as one OF
the counsel for the government, opened
his argument with the statement that
ever since the beginning of the
government the people Of the
United States had rested IN
the conviction that they constituted
the nations, that within its limit the
government was sovereign and supreme,
and that it had within itsels all the
powers and facilities to fulfill its own
functions and accomplish its own pur-
poses. In doing this the government
was not subject to hindrancs
or interference by any power whatever.
The government had the power, as 1t had
the duty, to secure the performance OF
governmental operations and to protect
its servants and agents IN doing
duties intrusted to them. For the
first time in a hundred years
the people were now met with
the startling contention that Justice or
the highest court OF the land was not en-
titled to the protection OF the govern
ment in going from one place to another
in his circuit.
Mr.. Chote had not concluded his argu-
ment when the court adjourned.
NEW MEXICO.
Regarding the admission Of New Mex
leo as a state, Delegate Joseph says: ''I
oppose statehood under the constitution
of last summer, as the convention
that framed the Instrument was
participated in by only one political
party and the Territory was gerry
manded so as to give that party two
thirds of the legislature. The admission
of new states is political question. The
real sentiment In New Mexico is Demo-
cratic and il has been represented in con-
gress for eight years by Democrat.
If the territory were Republican Is
would be admitted quick enough. We
cast in round numbers 43 900 votes at the
last election which would indicate over
200 900 population. Nearly 100 900 OF
our people are Americans from the
Eastern states, and leaving those or
Spanish descent entirely out of the ques-
ton, we have still q larger AnglO-SaxOn
population than Idaho or Arizona. 4"
elbow about the omnibus bill!''
''We are willing to come in in any
form, abreast or single file, so that we get
in on basis fair to all parties and
citizens
s'Is congress likely to admit Idaho and
leave New Mexico outl'
"It's difficult TO predict what will be
done, as the majority under the present
rules can do about as it plsases.''
OKLAHOMA BILL.
The action of the house yesterday in
refusing to suspend the rules and pass
the Oklahoma bill does not mean ths
defeat of that measure. Many voted
against suspension who are in favor OF
the bill. To have the bill passed
under suspension of the rules would
cut off all debate and amendments
and the bill as at present framed IS not
satisfactory to those who have studied
the matter. Kilgore Of Texas is in favor
of full and free discussion OF this quas-
ton which can only be had in COMMITTEES
of the whole. 1t is probable that the
bill will be passed when it 10 reached
again.
CENSUS MATTERS.
The report sent out from here that sta
tisties regarding farm indebtedness were
tn be pafhared by LAWYERS or others So