The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-17
THE FORMS OF THE LAW
Colonel Breckenridge ON the Refusal
of Governor Mount.
Lexington (Ky.l Herald.

'oH NNy.J ileIdlu.
Col. Thomas Campbell. Mr.. Justus GoebeI
and Sheriff Suter went to Indianapolis and
submitted TO Governor Mount an argument
In favor OF the extradition OF Governor
Taylor; this demand Governor Mount re-
fused to grant and filed a written state
ment of the reasons therefor, which state
ment we republish and commend Il TO the
thoughtful consideration of our readers.
During the colloquy with Governor Mount
he propounded several searching inquiries
10 Colonel Campbell, and the answers were
signincant and unsatisfactory. These In
quiries, however, demonstrated that Gov.
Mount was familiar with what had trans
pired In Kentucky. He desired to know
why the indictment had been held up and
had not taken the usual and prescribed le-
gal course; the alleged reason given was
that at that time Governor Taylor was
holding the office of Governor, and IL was
believed or feared that IL might produce
violence. This is contemplate and pure
evasion. This might be some reason for
postponing an attempt to serve the war
rant and make an arrest, but is none what
ever for concealing the presentation and
postponing the filing of the Indictment.
When the indictment was handed to the
Judge-for apparently II was never pre-
scented" to the court-there was no possible
reason why IL should not have been made
pubic. properly filed and properly entered
and delivered to the clerk as a record In
deed, the reporters of the court Journals
were given the information and tho fact
that an Indictment had been prepared and
had been voted on and had been handed to
some official was duly published in these
favored newspapers. BY the postponement
Governor Taylor was deprived of substan-
tial and most important rights, and was
condemned without hearing to imprison-
ment without bail until the next term OF
the Franklin Circuit Court. IL needed the
present Indictment Is legal Indictment IL
the warrant issued Is not absolutely void
and the demand for extradition therefore
nugatory-upon all Of which matters Gov.
Mount might well refuse the demand, he
certainly had right to decline TO be
party TO the imprisonment OF Governor
Taylor during the vacation OF the court
and when he would be entirely helpless and
without the power to make any motion
Whatever. Judge Cantrill withheld this
direction-which was not an order-until
IL was too late for Governor Taylor TO take
any action. Governor Mount owed IL TO
himself and 10 justice to decline TO become
particeps criminis In the illegal imprison-
ment OF Governor Taylor This was one
time when the prosecution overreached it,
self. The curious mode of dealing with
that Indictment has been OF no service 10
the prosecutions; Campbelsm Is not always
satisfactory practice-even for his clients
Has not Mr.. Franklin some wise and true
friend who will whisper into his ear that
tomorrow always comes and that on to-
morrow IL would be well for him TO be in
condition to aver and to prove that he has
In good faith followed the law of Ken
the code, and still better IL he could then
be believed TO have kept within the spirit
Of the law of Kentucky? Colonel Campbell
viii return to New York or TO Cincinnati;
Justus Goebel TO Cincinnati and the DEM
ocrats will return to her ordinary sense OF
right and magnanimity; the proscrptive
spirit will subside. the Goebel law will be
the state electoral board will dis
solve and return TO obscurity except SO
far as they are remembered as examples
to avoid: and then--let his friend whieper
TO Mr.. Franklin-the people will pass judg-
ment upon the Franklin Circuit Court
whenever "A demand for extraditon Ia
made IL is the duty of the officer TO whom
the demand is addressed 90 make Inquiry
and determine whether the prosecution Is
In good faith for the alleged crime and
whether the person charged can obtain a
Iair trial This Is the principle so ad-
Louisiana, I'm the debate on the bill 10 ex-
tradite Nicely. II Is a principle OF universal
application. IL Is due to the person
charged; IL Is in higher sense due 10 the
sovereignty under whose protection no a.
that before he can be arrested deprived OF
his liberty, deported and subjected TO trial
elsewhere that there must be satisfactory
evidence that the prosecution
is I'm good faith for the administration OF
justice. Mr.. Cleveland refused TO deliver
a man on the demand Of the Governor OF
Indiana, although the Indictment was for
bgamy, because he could not be assured
Of this. Governor Mount declares that ne
ia not satisfied as to either OF these necee-
sary conditions precedent He does not feel
sure that fair trial Will be given; and he
refers TO the statement OF Judge cantrfll
that ne would not try a dog IN Franklin
county under similar surroundings and TO
The statement of some distinguished gem
ileman that when the Democrats got Into
power they would hang Republicans like
pigs 10 pole.
This demand and refusal again brings be-
fore the people OF the Republic our Ken
lucky condition The statement OF Cover
nor Mount Will be published in millions OF
copies OF daily papers and be read in every
neghborhOod IN the United states III
brings Colonel Campbell again into az.
leadership as the representa-
live OF Kentucky. Colonel Campbell has a
national reputation. he speaks for Ken
lucky, he Is the mouthpicce Of the Cow
ernor elected by the round robin" The
action Of Governor Mount will be crlti-