New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1890-12-07

received from them the highest Offices of trust
He could not out of gratitude TO then. for their
confidence turn about and appear in case which
would, legally speaking, establish chaos in the
judicial affairs of their State
IL must have been an interesting picture when
this case was first presented in the United States
Circuit Court, where the first hearing was had
The courtroom was packed. There was formid-
able array of counsel opposed The former re-
porter came IN alone. No one bowed TO him and
no one spoke to him. A lane was made for him,
and when he reached his place he was OF course
the OBJECT of the kecnest scrutiny upon the part
OF the Judge. 1t would have been impossible TO
have tried this case In the State courts, because
IT involved the very Office of the judges themselves
In the lower court the issues presented were
so great, according 10 Mr.. McMinn, that the
Judge said it had too mach responsibility for him
even to make preliminary decision, and SO he
sent the case to the Supreme Court, where all the
points will he presented in the Of Dick Dun
can, as mentioned at the outset of this Story.
Mr. McAlinn has not been contcnted with the
opinion OF only the best counsel in the State of
Texas Several days ago he visited New-Yorls
and gave General Roger A. Pryor a retainer for his
opinion. General Pryor examined the case as
prepared by Mr. McNlinn and affirmed the correct
ness OF the view After this Mr.. McMinn came TO
Washington and engaged ex-Attorney- General Gar
land as special counsel in the case Mr. Garland
was asked at first to examine the case and not
TO accept the place as counsel unless he was con-
WINGED of tn" correctness of Mr.. McMinn's posi-
tien Mr.. Garland carefully examined the case
and has given his opinion that there is only one
view TO he taken. The codfcation was not rrti-
fed, and not being ratified, the digest WAS simply
= Of ia Ia. lou
concerned
| shall not attempt to give any of the
technical reasons set up in the brief, because
that would anticipate merely the legal
argument. In general way every point relating
to the possibility OF any proposed ratification of
the codihcaton by the Legislature has apparently
been met by Mr.. McMnn. lie has examined the
record of enrolment Of bills No sich ratification
was ever enrolled; neither Is there any
record in the journals Of the houses
Of the Legislature Of such ratification
1t is question, however correct NAV hc .hc
assumption, whether any court could afford To
render decision which would reease upon a
community 5000 cOnvictS; set free from the
hangmsn's moose thirty odd mutderers. and in
its decision set at naught judgments involving
millions of dollars. But those wh) know the
Supreme Court say that il is not the habit of It's
judges to speculate as to tho results Of decision
They pass upon the facts they are presented and
if they really find that the State of Texas has for
eleven years beer conducting its business under
illegal forms, it can render only on. kind OF de-
cision, however serious may be the results which
will follow.
The Legislature Of Texas has been called to-
gether for the purpose OF seeing if something can
not be done. Undoubtedly ratification Of this
codiflcation will be among lie first acts But the
Constitution Of the United States iorbids o. post
iactO legislation, and this ratification therefore,
not being retroactive. could only clear away the
judicial clouds from tho future. / j. the history
of the last eleven years which is involved ir this
case. The former reporter has thousands Of dol
lars back Of him. and if hc succeeds Will m
doubleday make n fortune, hctaIse the entire
business Of the contestants will come 10 him
he ad.scres 10 his IRON resolution L.
make his home in Texas anc 10 make
place for himself among the people who
now hate and fear him. He says. those
who have given him a cold shoulder he believes
in the end will De grateful TO him for correcting
this wrong before il has reached greater ulagni
tude One Of the reasons why the entire bar Of
he State is especially opposed TO him is owing
10 the fact that Of them have, I'm any despcr
ate defence Of a during the last eleven years
discovered this alleged fatal flaw in the udicla |
system of the State of Texas Since this action |
brought last May rot an execution has taken
place in Texas. The authorities dare not now |
take a step until the Supreme Court shall decide |
this extraordinary case. T. G. CRAWFORD.
The clever little advertisements on the eighth and
ninth pages of The Tribune minister 10 all the com