The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1897-08-27
TO MANDAMUS TANNER
THUS WILL CLODFELTER'S ATTOR-
NEY TACKLE THE GOVERNOR.
Federal Court VIII BE Asked to Aid
in Bringing Enricht Back
to Indiana.

The attorneys Of the Clodfelter Electric
Railroad Company promise to raise some
very interesting law points in the matter
of the Enricht eXtradition by applying to
the Federal Court for a mandamus compel
ling the Governor of Illinois to honor the
requisition of the Governor of Indiana for
Erricht. At the instigation of Vice Presi-
dent Clodfelter, Of the Indianapolis road, a
bill praying for mandamus for the United
States Circuit Court to compel the issuance
OF Governor Tanners warrant for Enricht's
apprehension is being prepared by Attorney
E. j. Cahill, of the Security building, in
Chicago, and will be filed as soon as the
signature of Governor Mount can be affixed
10 tie document.
1t seems that when Mr.. Clodfelter was in
formed of the refusal of Governor Tanner
to honor the requisition, he sent the follow
Ing message to Attorney CahilI:
Il took your message to our Governor,
VINO was as much surprised / was. He
said that Tanner had defed Indiana and he
will do all he can consistent with his great
ONCE to bring Enricht to justice"
In this Mr.. Clodfelter was a bit over
enthusiastic, as is his wont. The Governor
was not vastly surprised, for acquisitions
are frequently resisted and often evidence
is produced that causes the Governor of the
cline to issue a warrant. He was not of the
impression that this amounted to defiance
Of Indiana and did not think anything
about the case further than to know that
the application had been presented to him in
regular form, supported by affidavit regu-
larly filed in Justices court, and he had
done his duty under the law by issuing the
requistion. He has never investigated the
question of the guilt or innocence of En-
RIGHT. Attorney CahiIl has prepared a petit
ton to the United States Circuit Court de-
claring that:
Whereas, One John r. Tanner, Governor
OF Illinois, one of the States of the United
States of America, has refused to honor a
requ1sition for arrest received from one
James A. Mount, Governor of Indiana, an
other State of the United States, in de-
nance of the civic right OF the said State
of Indiana and of a citizen of that State,
one Noah j. Clodfelter, the petitioner pray5
that writ of mandamus may issue or
dering the said John r. Tanner to affix
the official seal OF the State of Illinois to a
warrant for the arrest and the surrender
to the Indiana authorities of one Louis En-
RIGHT, and that the said Louis Enricht be-
forthwith so arrested and surrendered to be
dealt with according to the laws of In
diana"
The petition will rely on only two cita-
lions to secure the mandamus. but Mr.. ca
hill says they are worth one hundred or
binary decisions. One is the case of the
commonwealth of Kentucky against the
State of Ohio, decided in 1860 by Chief
Justice fancy ardent states right adj
Vocate. Since the date of that decision a.
constitutional amendment guaranteeing the
civic rights of each citizen of any State in
every State of the Union has been adopted.
That of course is the celebrated fourteenth
amendment, adopted after the war with a.
vi5w of securing the personal and property
rights of the emancipated negroes. Dis
GUESSING the relevancy of this amendment
and of Judge Taney's decision Attorney Ca
hill said:
I'm refusing Governor Mounts requisi-
ton Governor Tanner took occasion to re-
view the law of the case as he ayers he
conceives 1t. That was none of his BUSH
ness, however IT is not for him to pass
them, even TO the extent of personally obey
ing them. For him it should be sufficient
that the Governor Of a sister State has is
sued the requisition. But there can really
be question in regard TO the law of the
case. The principles involved are funda-
mentals in our government. Chief Justice
fancy, as is well known, was an ardent
states rights man, but even he had to adj
nit the right of the several States to ex-
tradite criminals, putatiYe or real.
"A mandamus of the sort we now petit
ton for has never been granted against
the Governor Of any State, though this
may be because the warning executives
have always taken occasion to get together
in time and patch up their quarrel as in
the historic episode of the Carolinas. But
tuition supplements Judge Taneys decision
in such q way as to make it altogether
impossible for any United States court 10
deny the writ OF mandamus that we ask
for in this case. And when we get the
writ as we shall at no distant day Gov
ernor Tanner will not hesitate to quickly
surrender his friend Enricht into the hands
of the proper authorities.