The San Francisco call., 1897-06-01

utss of the United States the appeal to
the Supreme Court of the Unite1 States
acts as stay of execution. The section
says: =. .-.-...
Pending the proceedings in appeal cases.
ana until final judgment, all State proceed
ings are void.
This section was interpreted by the Su-
preme Court in decision in the 14o q. s..
Reports. =. 81. T.
If the District Court decline. to grant
the writ then the order so refusing Will be
Appealed from under the United States
Statutes. This will act as stay Of pro-
ceedings. -. -: ..s:*:...- =.
The only section of the United States
| laws that Du:raht can get color of rig hit
under is No. 753, which provides for the
release of prisoners committed under
State authority" if they are '.'in custody
in violation of the constitution of the
United States" X: ~.=.::.: +:
Under section 755 the udge must
award the writ ."uniess ii appears from
the petition itself that the party is not
en- titled thereto - - ~ !. .*
|. But there is liberal section of the Fed
erai law. which is the great legal hook by
will be enabled to grapple the web of
Cali fornfa's laws and gubernatorial .dicta
AID suspend them harmless in the air
until after the Supreme Court decides the
prisoner IS fate. -: :z:
The court of last resort does not meet
until next October, and they may not
reach the Durrant case for year after
they meet.
The shady retreat toward which the
Durrant legal gentlemen are run
ming is found in section 763, which
provides that from the final deeis-
ion of any court inferior TO the Cir
cult Court, upon an application for writ
OF ha6eas corpus, an appeal may be taken
in cases where the person is alleged TO be
restrained in violation of the constitution
Of the United States.
Section 764 forbids this appeal from the
DECISION of the Circuit Court
The foregoing is re-enforced by rule "a
of the Supreme Court, " hich SAYS that
pending an appeal from the final de-
clslon OF any court or Judge declining to
grant writ OF habeas corpus the custody
of the prisoner shall n OF be disturbed ,"
Durrant's attorney are therefore firmly
convinced that they will be able to post.
/ pone their clients execution for many
months, even if they do not save his life.
t. 1t is understood that their petition is a
voluminous one, but that one or two main
points are relied on, the chief one being
the question of the illegally of the infor-
nation against Durrant
He was proceeded against by ,'informa.
tiop' in lieu OF Indictment by iury of
hfar oojro I,Su+ 4,
is in violation Of the constitution and Fed
eral laws, as well as in opposition to the
spirit of American institutions.
While it is not believed that the attor-
neys have much hope of saving their
clients life, they believe: that he has a
good chance for another year on earth.
Durrants mother was In state border
ing upon prostration last night, and il
was with the greatest reluctance that she
consented to make any further statement
for publication. She reiterated what she
SAID Immediately after hearing the news
that Governor Budd had turned a deaf ea-
/. to the appeals for ciemency, and that was
that she had not, despite her indisposi-
tion, given up hope.
she seemed to pin great faith in some.
thing that is to take place, and that is
undoubtedly the possibility of DELAY Of
tered by proceedings in the Federal court.
This, she hopes, will afford more time in
which to discover means for her son 10
escape the gaflows.
Mrs. Durrant supports her husband in
the assertion that tie condemned mon
will not attempt 10 commit suicide. If he
has TO die, she says, he will make his exit
as the law has decreed.