The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1900-05-26

Justice would be administered Impair
TALLY, satisfies common sense. The
right of a governor to exercise discre-
tion in the honoring of acquisitions for
extraditions was fully defined in the
New York Georgia case of Roberts VS..
Riley, in which the governor of Geor-
gia sought, through mandamus pro-
ceedings, to compel the governor of
New York to return a criminal to the
state i'm which the crime had been
committed. This case was carried to
the United States Supreme court and
was there decided against the governor
of Georgia, the issuance of the writ of
mandamus being refused. The sylla-
bus of the opinion of Justice Matthews
says: "It is discretionary with a state
whether a fugitive from justice shall
be surrendered or not" The opinion
in full is given in 1l6 United States Re-
ports, page so.
In the recent case of Hovey against
the state, the Supreme court of In
diana, as noted in the indianapolis
Press refused to order a writ of man
damus to issue against the governor.
The action was begun in the Marion
county courts to compel the governor
to issue a certificate of election and
was appealed to the Supreme court.
The syllabus of the opinion of the lat
ter court is, when an act to be done
requires the exercise of judgment or
discretion on the part of the governor
and a writ of mandamus is prayed, it
will be refused The governor Of a
state, in the exercise of those powers
and duties confided to his discretion by
the constitution, is entirely independ-
ent of the judiciary and cannot be CO.
creed nor in any way controlled by a
writ of mandamus. The courts cannot
by a writ of mandamus compel the
governor to act in his gubernatorial
duties" The decision is based on the
proposition that the three departments
of the government are separate and
distinct and one cannot influence nor
control the other in the exercise of its
duties.
During the administration of Gov
ernor Albert G. Porter, the grand jury
| of Miami county, Indiana indicted Col
| encl Walter T.. Kidder for bigamy. on
| information that Colonel Kidder was a
| fugitive in New York, application for
| his cXtradition was filed and a requisi-
| tion issued by Governor Porter, ad-
dressed to the governor of that state
| for his surrender. The fugitive was
arrested in New York and held to
await executive action, and the papers
were duly served on the governor by
the sheriff of Miami county and his
| counsel. Grover Cleveland, as gov
ernor, refused to surrender the prison
er, without assigning a reason for hie
| action.
| The facts in relation to Governor
Mounts action are that a state of an
archy still exists in Kentucky in re-
gard to the political offenses trumped
up by the Democratic leaders against
their recent opponents. The whole
power of the Democratic party organi.
zation is being directed with menda-
cious energy toward stigmatizing the
supporters Of Governor Taylor as Grim
inals and putting upon them the brand
of Imprisonment. This policy is being
pursued for effect in the next election
with view to counteracting the pop.
uar uprising which the Democratic
leaders have reason to fear as a con-
sequence Of their high-handed pro-
ceedings. To send back a man like
Finley for trial under such conditions
would be to be a party to an outrage
on justice; and General Mount exhibit
ed the right spirit when he refused tC
| do it.