The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1890-12-07
Is THE TEXAS JUDICIARY LEGAL
A Case That May Open Penitentiary and
Nullify Rutings OF Eleven Years

A Case That May Open Penitentiary and
Nullify Ruiings OF Eleven Years.
New YORK. Dec. 6. - Especial - A
special from the Tyi6une's correspondent at
Washington City says:
Few things in the realm OF fiction contain
greater possibilities than are to be found In q
remarkable case. wnica will be prese ted in the
supreme court Of the United States some
day In the coming week. There
which discloses the dramatic character
OF the case. but last evening l had an eppor.
tunity OF becoming acquainted with the hero of
this story, and from him learned picturesque
aud dramatic chapter In the Judicial history of
the country. The case, which is soon to te pre-
sented, involves the lives OF twenty or tn rty
people. now lying under sentence Of death. Il
means imprisonment or liberty for over 1900
people now confined in penitentiaries Ia Texas
and title TO property pass upon by judicial de.
cisions in that state d1ring the last eleven
years.
There 10 great curiosity in legal circles to
learn what the supreme court win advise in
view OF an apparently incontestable declaration
In the brief The opinion of two OF the best
lawyers in the East. after q deliberate examin-
alton OF the casa, sustains the view involving
the wiping out Of all judicial proceedings in
this great state during the past eleven years.
In brief the point at issue relates to the GER
tihcation OF the laws of Texas This was done
eleven ears ago. Tnis codifra Ion was dele.
gated to be performed by q clerk named Lyle.
It was done in O slovenly manner according to
the allegations Of the brief, and the codincation
was never afterwa mod hei by the legisla.
ture, - all OF the judicisi circuits were re-or.
Ranized under the co LITIGATION. and the Judges
were appointed in accordance with these speci.
fcations OF the unratined code.
It follows that ii the point made in this case
Ii good Gil their actions for the past eleven
years are null and vol l; that every man exe
ted has been judicially murderrd: that every
person in prison has been falsely imprisoned;
that every judgment given re iative to property
values Gao be set aside If III. supreme court of
the United States finds that the allegations
which are set up are correct
The point OF this ,se will be argued In the
application OF OK Duncan, who is under sen.
tence OF death. The case ~ IL stands IN the
supreme court ia Dick Duncan vs.. 7. r. Mccall
sher of Bexsr county, Texas This is m rel y
a test case. aud involves the right of every man
under sentence of death the state.
The history Of this artling Les al case is pecu.
liar In Its developments. eng piece of enter.
prise in Texas Journalism.
Thomas Jefferson Mem mn is the hero of this
discovery. For numoer II years he was a re-
porter upon the St LOUIS Globe Democrat. From
that service he went to san Antonio.
and there connected himself with
the San Antonio Times Mr.. Nc.
MINI began the war in his newspaper by
calling Oh the police to break up the gam bin
houses in town. In 20 doing he says be Incurred
the enmity OF the mayor. who was himself
Mexican BY birth. The first evidence of the
mayors enmity was shown In trying to induce
the municipal authorities TO levy a tax on
Mr.. McMinn for prscticing the legal profession.
In the course Of the proceedings against him.
and they are not yet settled, McMnu made the
discovery regarding the codihcation OF the laws,
full description OF which appears In the b.ief
submitted In the sunreme conrt