The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-05-23
Word from Frankfort, Ky, Indicating
that Authorities There Have
Given Up Fight.
THE GOVERNOR AT FORT WAYNE
HE TELLS OF RECEIVING A TELE-
GRAM FROM BECKHAM.
Still Firm I'm the stand Taken-Johu
Powers Arrested, but Released
on Habeas Corpus Writ.

The arrest OF Charles tlnleys tA-heCit-
tary of State OF Kentucky. Monday even-
ing and his subsequent release because OF
the Governors refusal to grant the appli-
cation for his extrad!tion was the theme
of much discussion in this city. yesterday.
In the Hobbies Of the hotels. the corridors
and court rooms of the Courthouse. the
offices OF the Statehouse, In fact. wherever
one went almost the sole topic of conversa-
ton was the action taken by Governor
Mount in refusing to honor the requisitiou
for Charles Finley. And with but rare ex-
ceptions the Governors attitude was most
| heartily Endorsed. Everywhere could be
heard the warmest praise and comrSenda-
ton for the firm stand he had taken I'm the
matter. Some few doubted the Governors
right to deny the application. and insisted
that under the Constitution OF the State
and the laws of the United States. II the
requisition was meritorius he could be
compelled TO grant the application and In
the event that he refused to do so. he could
| be inundated In the Federal Court and
| compelled to grant it The majority. how
| ever. did not believe that mandatory pro-
| ceedings could be instituted against the
| Governor and maintained that he had
| rightfully exercised his prerogative in
| denying the application But when later
| in the day It was ascertained that Tom G.
| Campbell, OF Cincinnati. attorney for JUS
tus Goebel. had arrived in Indianapolis.
and IL was said that IL was his purpose 10
| bring mandatory proceedings against the
| Governor a Journal reporter called upon
Attorney General Taylor for the purpose
of ascertaining the law in the matter.
ATTORNEY GENERALS OPINION.
| When asked IL the Governor could be
mandated for refusing to grant the ap-
| plication for the extradition OF Mr.. Finley
| the attorney general replied:
"Ycu ask a purely legal question and I
answer IT as such. There several ad-
| ministrative duties which the Governor. In
| connection with other officers. performs
under the statute, which may be regulated
by mandate or injunction. not so. however,
| with purely executive functions The
granting or refusal of extradition papers
| is a purely executive function. The SUI
/ preme Court OF the United States has IN
| several cases held that neither the State
| nor the Federal Courts or both can compel
| or enjoin the execution Of extradition pa
| pers by the Governor of a sovereign State.
| IL the Governor does sign a reQuisition the
| courts can then take up the extradition
| proceedings themselves and inquire into
| the various questions affecting them, such
| as whether or not the alleged criminal is in
| fact a fugitive and whether he was in the
| State at the time the alleged offense was
committed, and many other things.
1.-THE provision in the Constitution OF the
| United States requiring one executive TO
| deliver up TO another executive a fugitive
| from justice was construed by the Supreme
| Court OF the United states In a decision
rendered by Chief Justice Taney In iss0-
| In that case the Governor OF Kentucky
demanded from the Governor Of Ohio the
| return of a free man of color of Kentucky
| for assisting a slave girl in making her
escape. which was both State and nation-
| al crime Governor Dennison refused the
! requisition. and the Supreme Court OF the
/ United States. referring TO the action OF the
Governor, used this language in an opinion
rendered by the author OF the Dred Scott
| decision: There is no power delegated TO
the general government either through the
| judicial department any other DEPART
ment 10 use any coercive means 10 compel
| him to return the fugitive
THAT opinion has been followed ever
since, both I'm State and federal decisions,
and Governors have everywhere always
exercised the executive prerogatiye In de-
! termining the right or wrong OF every par
ticular case as II arose upon the facts OF
that particular case. Governor Dennison
| refused TO surrender the fugitive notwith-
standing such fugitive had assisted the
| slave girl to escape from Kentucky. which
was a high crime, made so by both the
federal law and the law OF Kentucky"
LIEUT.. GOVERNOR COULDN'T ACT.
AS there had also been rumors 10 the es-
| feet that Justus Goebel was In Lafayette.
where he hoped 10 persuade Lieutenant
/. Governor Haggard TO grant the application
for the extradition OF Finley. during the
Governors absence. Mr.. Taylor was asked
IL the lieutenant governor could act as the
executive in the absence or the Governor.
| In reply he said:
"Our Constitution Is different in this re-
spect from the constitutions Of many States.
1t provides that. in case OF the removal Of
the Governor from Office. or HIS death. res
ignation or inability TO discharge the duties
Of iae ONCE. the same shall deyolye upon