Fort Worth gazette. [volume] (Fort Worth, Tex.) 1891-1898, 1891-09-28
LEGAL SEE-SAWING.
Judge King Of San Antonio and
Goodrich of Waco.
SNARLS AND COLLISIONS
An Interview With Capt. John Bacon and
Some Opinions on the Trunk Line
Receivership-Glad to Sec 1t
in the Federal Court.
Conflicts.

Conflicts.
Special to the Gazette.
AUSTIN, Tex, Sept. 27.-The only topic
of interest here at present is the disposition
which the courts, state and Federal, or
some of them, manifest for getting into
ugly snarls and collisions. Everybody is
laughing at the ridiculous see-sawing be-
tween Judge King of San Antonio and
Judge Goodrich of Waco over contractors
claim for money due from the Arkansas Pass
railroad. III the judicial shindy in progress
between this pair of Daniels, the people Of
Texas may learn, if they do not already
know, what wonderful execution a judge
attending strictly to business may do with
the writ of habeas corpus. 1t is a marvel
Gus weapon which one judge can WELD as
effectively as another. Its virtue and po-
tential qualities are wholly intrinsic. and
derive nothing from the character, abilities
or legal attainments of the particular judge
who yields it. Whether issued by the
chief justice of the United States supreme
court or by an ordinary district judge, the
effect is the same, and its power ditto.
Like the atmosphere which presses
equally in all directions, so does it,
power with absolute uniformity and
regularity. 1t is one of the few judicial
heritages most priced by all civilized peo-
pies, and, Notwithstanding its years, which
are many, it is still as fresh and vigorous
as when liberty wrung it from the grasp
of tyranny. Age cannot wither, nor Gus
tom stale-but perhaps the panegyric had
better end before going any further. In
view of the alarming freedom with which
the two judges aforementioned are hurting
It back and forth at each other, it is liable
to become exceedingly stale, as well as fiat
and improbable, before they weary of the
exercise. Judge Goodrich orders the arrest
Of gang of workmen. Judge King issues
a writ of habeas corpus and releases them.
Judge King jails somebody for contempt,
and Judge Goodrich, who is equally handy
with his habeas corpus writ, turns them
QuteEWhatever one judge does the other
z18does with equal facility and dispatch.
Thus is the law made to nullify itself, and
the majesty thereof brought into contempt
by species of judicial scrapping that is
not only ridiculous in the extreme, but
most unseemly.
Another case of collision between courts
appears in the intervention-ifi it may be so
called-of Judge Don Pardee Of the United
States circuit court in the case of the state
against Morris, sentenced to be hung soon
IN Hardeman county. It is not known
have an uncomfortable itching-or should
say ''penshonga"-for interfering with the
operation of state courts, or with matters
properly within their Jurisdiction, was fish
ing or snipe-hunting in the Allegheny
mountains when he ordered his writ of
habeas corpus for the murderer Morris, or
whether he was within the territorial juris- ;
diction of his court. Perhaps it makes but
very little difference-to him. But in view
Of the fact that Greer county has been at
tached to Texas for judicial purposes, and
that in 1889 the United States declared that
no authority or sovereignty Of any sort
should be exercised by it over that terri
tory, until its rightful title to it should be
judicially declared, it is difficult to see upon
what ground the learned Judge can base his
interference with the operation of de-
cision affirmed by the supreme court of the
state. II the Texas judiciary has been
given jurisdiction in Greer county, and the
United States has signifed its intention to
not interfere with that jurisdiction, whence
does Federal Judge obtain the authority
to interfere2 Is it possible that Judge Par
dee is using this opportunity to drag the
Greer county question into his court for
settlements But as this is a sort of legal
observation-disclosures it savors trifle of
something elSe-perhaps the newspapers
ought not to interfere. Newspapers have
not got many rights in Texas that anybody
is bound to respect, not nearly SO many as
a Federal Judge, whether on or OF the
bench, whether within his territorial juris-
diction or grouse hunting in distant state
There is something sacred about judicial
rescript or writ issued from the banks of a
trout stream, and writs of habeaS corpus
may be sent flying about like D yrenforth's
sky-rockets without mourning the liability
to criticism that other official acts are sub
ject to.
THE TRUNK LINE
receivership is another pretty mess, nice
kettle Of fish all around, and one i'm which
Judge Don Pardee has hand also. see
that Capt. John Bacon-who on account Of
the similarity in names ought to be a dis
tant relative, or at least friend, of Gov
ernor Hogg, but is not-submitted rather
gracefully to an interview at Denton the
other day, in which he expressed some
opinions about the Trunk Line receivership.
The captain is quite an important ''individ-
ual, or at least tries to be one, and holds
sort of rowing commission as right-Of-way
or land-tax man, or something of that sort,
from the Missouri, Kansas and Texas rail
road, position that he has held for several
years. Capt. John was too ardent patriot
to sit idly by when an effort was on foot
last winter to establish railroad commits
sion and see the rights of corporations
and their property coniscated
to law. Feeling that the state
had no right to meddle with the AFFAIRS of
the railroads, Capt. John was agin the COM
poodle Of railroad wreckers from a to zed.
His zeal for the cause was of |
that burning, consuming sort that
forced him to completely ignore his
business and come to Austin, where |
he spent the winter in daily attendance on |
the legislature. Capt. John was one Of the |
most familiar figures in and about the legis-
lative chambers and the Hobbies, taking |
notes industriously of whatever was said |
or done that bore upon the weighty matter |
grieving his sympathetic soul. .
Capt. John is glad to see the Trunk Line |
in the Federal court as matter of course,
and thinks that the road will fare much |
better under Receiver Dillingham; than I'M