The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1900-06-18
THE FORMS OF THE LAW"


Lexington CKy.) Herald.
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 written state
ment Of the reasons therefor, which state
ment We republish and commend Il 20 the
thoughtful consideration of our readers.
During the colloQuy with Governor Mount
he propounded several searching inquiries
to Colonel Campbell. and the answers were
significant and unsatisfactory. These In
quiries. however. demonstrated that Gov.
Mount was familiar with what had trans
pired In Kentucky. He desired 20 know
why the Indictment had been held up and
mad 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 IL was never pre-
sented" TO the court-there was no possible
reason why II should not have been made
public. properly filed and properly entered
and delivered to the clerk as record. In
deed, the reporters OF the court journals
were given the information and the fact
that an indictment had been prepared and
had been voted on and had been handed TO
IA Itv Faaatat tElaa swa -.
favored newspapers. BY the postpouement
Governor Taylor was deprived of substan-
tial and most important rights, and
condemned without hearing 10 imprison-
ment without bail until the next term OF
the Franklin Circuit Court. II needed the
present indictment is a legal Indictment N
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 a right TO decline TO be a
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
1t was too late for Governor Taylor to take
any action. Governor Mount owed IL TO
himself and to justice to decline TO become
particeps criminis I'm the illegal imprison-
ment Of Governor Taylor. This was one
time when the prosecution overreached it,
self Inc curious mode of dealing with
that Indictment has been OF no service 10
the prosecution; Campbellism is not always
satisfactory practice-even for his clients
Has not Mr.. Franklin some wise and true
friend who viii whisper into his ear, that
tomorrow always comes and that on to-
morrow IL would be well for him TO be in
condition 10 aver and 10 prove that he has
In good faith followed the law ofs Ken
lucky and kept within the provisions OF
the code and still better IL he could then
be believed 10 have kept within the spirit
of the law of Kentucky? Colonel Campbell
IN N a..
Justus Goebel TO Cincinnati and the DEM
ocratS Will return to her ordinary sense OF
right and magnanimity: the proscrfptive
spirit will subside the Goebe law will be
repealed. 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 whisper
10 Mr.. Franklin-the people will pass iudg-
ment upon the Franklin Circuit Court.
Whenever demand for extradition In
made IL is the duty of the officer TO whom
the demand Is addressed TO make inquiry
and determine whether the prosecution r.
in good faith for the alleged crime and
whether the person charged can obtain a
mirably stated by Senator caffrey, OF
Louisiana. in the debate on the bill TO ex-
tradite Nicely. 1t is principle OF universal
application. Ii is due TO the person
charged; IL is i'm higher sense due to the
sovereignty under whose protection ne IS
that before he can be arrested. deprived OF
his liberty. deported and subjected 10 trial
guaranty that he will have a fair trial and
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
bigamy, because he could not be assured
of this Governor Mount declares that ne
is not satisfied to either OF these nsces-
sary conditions precedent. He does not feel
sure that fair trial will be given: and he
refers TO the statement OF Judge Cantrill
that he would not try dog in Franklin
county under similar surroundings. and to
the statement of some distinguished gem
tleman that when the Democrats got into
power they would hang Republicans like
pigs 10 a pole"
This demand and refusal again brings he
fore the people OF the Republic oar Ken
lucky condition. The statement OF Cover
nor Mount will be published in millions OF
copies OF daily papers and be read IN every
neighborhOod In the United States Ii
brings Colonel Campbell again into ac-
knowledged leadership the representa-
tive of Kentucky. Colonel Campbell has a
national regulations: he speaks for KEN
lucky he Is the moufhpiece OF the Coy
ernor elected by the round robin" The
action OF Governor Mount will be criti-
cised and condemned by so-called DEM
ocratic bodies. but the people OF Amer
lea will adjudge that every man Is en-
titled 10 a fair trial; that he Is not
to be hanged like pig to poie;.' that
trial as a "sheep-kiiling dog" This was
once believed IN Kentucky: this was our
old-fashioned mode or thinking and act
ing: we held judicial proceedings higher
than the summary proceedings for the
hanging of a sheep-killing dog And those
who believe that trials ought 10 be impair
tiai. that human life Is above partisan
pig and at least equal 10 dog. will In their
hearts say that Governor Mount Is right In
substance. that this is one time when
''the forms OF law have turned out Q