The San Francisco call., 1897-11-09
GAIL OFFICE. RIGGS HOUSE.

WASHINGTON, u. g, y OV. >
Durrant must hang. The expected deci-
sion was handed down in the United States
Supreme Court to-day. Chief Justice
Fuller delivered the opinion of the court.
He merely called the case by number and
announced that the decision of the Cir
cult Court for the California circuit was
affirmed, and at the same time cited
briefly one or two authorities. There
were not many spectators in the court
room when the decision was announced,
but, at the same time, ali of thoss who
we're there showed the greatest in terest
when they understood that the case de-
cded was that Of Durrant. Attorney
General Fitzgerald said 10 The CALL cor
respondent tonight:
Il have Just read The CALL which ar
rived this morning. and l see that its
Washington dispatch stated that the de-
csion would be against Durrant and that
Warden Hale probably had gained some
information what the courts decision
would be and started for home to prepare
for the execution. You hit the nail on
the head. We expected this decision and
felt sure II would be handed down to-day.
OF course we had no positive information,
but We felt so sure of it that Warden Hale
thought he had better start for San Quen-
tin.
Il, of course, feel very much gratified
at the prompt action of the court, though
it was exactly what l anticipated and pre-
dicted from the first. This appeal, as you
gnow, was taken from an order of the
United States Circuit Court of the North
ell District of California, denying an ap-
plication made By Durrant for a writ OF
habeas corpus. The action of the United
States Supreme Court this morning was
an affirmance of that order and was made
upon my motion to dismiss or affirm and
upon the grounds stated by me in that
motion and advanced by me IN my argu-
ment in support of that motion. The
Supreme Court held that the appeal was
entirely without merit, and this notwith-
standing the fact that Durrants attor-
news had filed IN opposition to my mo-
tion and with a view to further delaying
its decision a brief of 113 printed pages
a brief, however, IN which nothing new
was advanced and which was sim ply a
voluminous reargumeut OF questions that
have been we'll settled for years. There
is now no reason whatever why Durrant
should not be speedily executed.
The question OF any further delay by
Federal intervention will rest solely with
the United States Judges in California
They are in my opinion, fully authorized
by the decisions of the United States Su-
preme Court to refuse absolutely to enter
tain or to make any order upon the second
application for a writ Of habeas corpus in
this case, for it has been repeatedly held
by that court, and notably in the case OF
FIederichs, 149 U. s.. $40. that the United
States Circuit and District courts may in
their discretion in cases of this character
refuse State prisoner the remedy by ha-
beas corpus and put him to mis- writ of
error.
81 am informed that in the United
, states courts in other portions of the
Union where the habeas-corpus practice
by counsel for State prisoners was sub
iected to the same character of abuse that
1t is now receiving in California il is the
practice of the Federal Judges to refuse to
entertain or make any order upon a Sec
ond application if the first were denied
and its denial affirmed by the Supreme
Court of the United States. They ever
instruct their clerks not to receive or file
any papers upon second application.
Such a course of procedure by the Federal
Judges of California would not only be
iustifiable under the law and the de-
cisions, but would be in keeping with the
practice OF other Circuit and District
courts of the United States, and would
most effectually balk any further attempt
to delay the execution of Durrants SEN
tence.
UNLESS those judges do adopt some
such course the execution of condemned
murderers in California will be out of the
question. Knowing those able and dis
hneu shed jurists as do ! have no fear
that they will not adopt some course TO
prevent the further thwarting of the execu-
ton of condemned muIderers in Cali
fornla. Durrants case is the second one
OF this character on appeal from Cali
fornia which has been disposed of within
a week. The Worden case, the Hill case
and the Ebankn case still remain for dis
position. The Worden case and the Hill
case were this lnording advanced upon
the docket upon my motion and will come
up Dece u ber 6. All of these cases will,
in my opinion, be as promptly disposed
If when reached as were the Durrant and
Allender cases."
Judge Fitzgerald said that the Superior
lOurt might resentence Durrant imme-
diately, and that his execution under the
law might occur on any day after the
mechanical arrangements had been made
at San Quentin.