Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1895-12-01
THE LusENBURG CASES.
Press Comments ON the Action OF
the Governor.

the 0OVeIuOrs
CLARKE Courier)
The Supreme Court Of Virginia has
declared in the case of the Lunenburg
county prisoners that Governor OFerrall
exceeded his authority In refusing to
deliver to the custody of the Sheriff Of
said county the said prisoners, who
were being held In Richmond for safe
keeping. The errors adjudged by the
court against the Governor were not
unadvisedIy committed. as he was sup
ported in his action by the opinion Of the
Attorney General and the acting Com
monwealth's Attorney of Lunenburg
county, both Of whom contended that II
was not necessary that the prisoners
should be produced before the County
Court In order TO have the defects in the
proceedings attending their conviction
corrected.
NOT AFRAID TO DO HIS DUTY.
(Bluefield Telegraph
His opponents may say what they
please about Governor OFerrall put the
people at large recognize In hin, man
not only capable, but one not afraid 10
do his duty, and any good citizen Will
say that his aim has been TO uphold the
dignity of the State. to protect the rights
OF property, and TO insure the safety OF
the citizen.
ACCOMPLISHED HIS OBJECT.
(Glade Spring citizen)
He Uhe Governor) had reason, in view
OF the excited condition OF the people OF
Lunenburg, to believe that II the Sheriff
undertook to convey the negroes across
the country for a distance Of nearly
twenty miles. under small guard OF con-
stables, there would surely be an at
tempt, and probably successful one, TO
lynch the condemned. SO he ordered the
City Sergeant TO refuse TO surrender the
prisoners, an assumption OF authority
which the Court of Appeals subsequently
decided was not warranted. The counsel
for the prisoners sued out writ OF
habeas corpus. which was granted by the
Judge of the Circuit Court OF Richmond,
and the Lunenburg County Court was
thus prevented from getting possession
of prisoners who, under the law. were
supposed to be subject to its control
But the Court Of Appeals has now de-
cided that the Circuit Court Judges had
no right 10 issue the habeas corpus writ
Then the Court of Appeals also takes
action which Is new in Virginia juris-
prudence. While not denying that the
County Court OF Lunenburg has 5uris-
in the absence Of any action by the
court OF last resort. yet the latter may.
so 1t is now decided. when a proper case
is made to appear avail itself OF it's
supervisory powers. GUST the trial court.
and take charge OF the prisoners This
is what the Court Of Appeals has done.
and although Governor O'Ferrall is
charged with infringing upon the rights
Of the judiciary. yet by his infringement
he has accomplished substantially what
he set out to do. and the prisoners are
safe from any attempt TO put them TO
death by mob law.
IT Is NOT CALLED FOR.
Norfolk Landmark)
With the facts I'm the case thus intri-
cately involved some of our contempora-
Tes have undertaken TO crticise Governor
OFerrall very harshly. We do not think
this is called for. The Governor is proud
of the fact that not a lynching has oc-
Cured In the State during his term OF
office, and he Is anxious that no such vio-
iaton OF the law shall occur during the
remainder OF his tenure. He had what
he considered to be good reason to fear
trouble II the negroes were carried back
TO Lunenburg. and his desire 10 prevent
1t may have led him a little too far. His
refusal 10 comply with the order Of Judge
organ was technically an error, but II
appears that he understood Judge Manns
letter as promising the cooperation Of the
Lunenburg authorities. and that he was
acting under legal advice. Moreover, II
turns out that the Governor was not the
only one In error. The Court OF Appeals
declares that Judge Wexford had no right
to issue the writ OF habeas corpus. which.
even after the annulment OF the Cover
nor's order accomplishes the purpose
thereof. Thus II will be seen that the
branches OF the judiciary are themselves
in conflict.
Governor OFerralrs action was due en-
tirely to his desire TO see order maintained
i'm the State: and, although he was re-
buked by the Court of Appeals. that re-
buke was expressed in the very mildest
terms. What he sought to accomplish
has been brought about by the writ OF
habeas corpus issued by the Judge or
the Richmond Circuit Court. and there
will be no opportunity for violence. IL any
violence was premeditated. upon the per-
sons of the prisoners.
Meanwhile. it is an interesting question
how the legal authorities will extricate
themselves from the tangle. According
to Sergeant Epps's statement. he has
been fined by one Judge for obeying
another: and. according to the decision
OF the Court of Appeals Judge Wexford,
though he exceeded his authority. reigns
supreme.