The Washington times., 1901-11-04

avenues OF huge trees, their mOorS and
meadows. If Americans can be brought
to see the Importance of founding such
houses, they may lay up tres sures Tor
their children and grandchildren whose
worth can hardly be estimated.
Durbin and Taylor.
A more astounding or disgraceful
communication than the letter of Gov
ernor Durbin of Indiana to Governor
Beckham of Kentucky, refusing to
honor the latter's requisition for the
fugitives from justice, Taylor and Fin
ley, is not to be found IN the annals of
American executive history and prac-
tice. The text of the letter affords in
ternal evidence that Durbin has the re-
mains OF a conscience somewhere on his
person, and that 1t has been troubling
him. But having determined to sup
press it by violent means, he crushes
it under a storm of Illogical and un-
true statement and invectiye hurled at
the judiciary and people Of his neigh
Dor Commonwealth. At the very out
set of his argument in defence of his
action this protector of escapes from
( justice destroys his own position He
says:
u choose TO make use {: the right and the duty
! as the executive Of the Commonwealth to exer-
else discretionary power OF refusal to the end
that the purposes OF persecution, which seem to
/ be the conspicuous feature OF this prosecution,
I may not force these before court partisan
TO the very extreme OF vindictiyencss P.ld Jury
organized conviction in its persor lei and en-
! parchment"
! Who. let US ask, established Governor
Durbins right. and imposed upon him
the duty OF refusing to obey e direct
mandate, and TO ignore another express
provision of the Federal Constitution?
Clause q section ., of Article " OF
the fundamental law of the land says:
"A person charged in any State with treason.
felony, or other crime, who shall flee from JUS
tice and be found in another State, shall, on
demand Of the executive authority Of the state
ffoip- hch he fed, be delivered up 10 be removed
10 the state having jurisdiction Of the crime"
We fail to find in this mandatory
clause of the Constitution anything
which could possibly be twisted into a
gubernatorial privilege to disregard the
law every Governor has taken an oath
to support, and to exercise a discre-
tionary power of refusal to obey it. No
such power inheres in the Governor of
State. The only power that does in
the connection, arises from the failure
of those who framed the Constitution
to provide ways and means for the pun
ishment of persons like Durbin who de-
fy its authority.
Owing to thai omission, it is possi- |
BILE for any one of our forty-fve State !
Executives TO laugh at the constitution |
al mandate, and at his oath of office, |
and to fiaunt his misfeasance and per-
jury in the face of the country in abso
lutte safety from the sword of the law |
Happily there have been and are few
American Governors who could be in
duced either by political or pecuniary
to interpose their acci-
dental and illegal power to protect
criminals from the consequences of mis-
deeds committed, or alleged to have
been committed, in other States.
The abuse which Governor Durbin, in
his letter, heaps upon the trial court in
Kentucky which has twice tried and
convicted Caleb Powers, one of Tay-
or's alleged tools ard accomplices in
he assassination of Governor Goebel,
md upon the head of Judge CantriH, !
an eminent jurist who presided at both
rails with marked impartiality, sur .
asses belief But Durbin is hard
PRESSED for excuses to defend his atti- {
ude. and he may imagine that he can
obscure the fact by indulgence in coarse
md vulgar insult to the Kentucky ju- !
iiciary. He says:
1T is a deep disappointment that the utter {
disregard OF justice which marked the previous
rial was as notorious in the second trial of J
oice my condemnation thereof By refusing 10 | r
lonor your requisitioh, which. in effect would ! !,
make me party 10 the conviction and punish
nent of two reputable citizens Of Indiana"
The two reputable citizens of In
lana it is needless to remark, are the /
ugirives from justice Taylor and Fin I
ey 1t would be difficult for Governor ! !
yurbin In any sane manner to advance
reason justifying his attack upon the !.
ourt which tried Powers. If he pre- :
snds to be a lawyer, he knows that he | II
estopped from such a course by the b
rst section Of Article " of the Consti b
ltion, which prescribes that full faith a
M credit shall be given in each State y
} the public acts, records, and judicial o
IocttdinBS Oh every otHer STATE But | =,
'urbin, having thrown his obligation =
, the Constitution TO the winds in one -
espect, evidently is not to be bound h
y it in others. el
The action of the Indiana Executive ! 6
! the case of Taylor and Finley has
OF been altogether unexpected. Sur
rise only IS caused by the utter disre-
ard for law and decency with which
ie text Of his letter to Governor Beck n,
am fairly reeks. 1t is a very inop- Il
)rtune time for precedents such as the m
lie Durbin has established. 1t tends g
encourage and promote the crime of y, ~
'litical assassination. and the country W
extremely sensitive in regard to that e. e.
articuiar type Of offence against the Il