The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, 1901-11-22
FUGITfvEs FROM JUSTICE.

A interesting and somewhat heated discussion
II has arisen between Governor Beckham of Ken
lucky and Governor Durbn of Indiana over
the refusal of the latter to honor requsition for
the extradition of Ex-Governor Taylor of Kentucky
fugitive from justice charged with completely in
the assassination of Goebel Governor Durbin
bases his refusal on the ground that Taylor would
not receive fair trial. and of course such statement
has not had the effect of diminishing in any degree
the ardor of the controversy
The two Governors not left to argue the ques-
ton without assistance Numerous partsans on
each side have taken part in it and the press has
joined in. The discussion, while voluminous in
Quantity, does not cover wide range of argument
Virtually it to the assertion on one side that
Governor OF State should not extradite fugitive
from justice from another State if he have reason to
believe the accused will not have fair trial; while
the other side assert that each State is bound to re-
spect the laws and courts of another State and Gov
ernor has right to refuse extradton upon any
mere belief or suspicion affecting the honor and hon
esty of the judicial authorities of the State demand
ing the extradton.
The statement of the constitution on the subject is
Enthusiastically plain and clear Section of article "
says: ANY person charged in any State with trea-
son. 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 from which
he fed be delivered up to be removed to the State
having jurisdiction of the crime"
1t will be the constitution does not give the
Governor of State authority to decide whether or
no the fugitive from justice shall be surrendered
The language Is emphatic and mandatory that the
fugitive shall be delivered up demand from the
executive authority Of the State from which he fed
1t happens, however, that there is provision of
law either in the constitution or out of it, by which
Governor can be compelled to obey the constitu-
tional obligation, and consequence the require
ment is virtually dead letter In fact, it is stated
by the supporters of Governor Durbn that Gov
ernors of various States have frequently refused to
surrender fugtives and sometimes the refusas have
been based not legal technicaities but upon broad
grounds of public policy.
1t is most unfortunate that the case is one in which
so much partisan prejudice and passion is involved
Ex-Governor Taylor stands charged with one of
the gravest crimes known to our laws The accusa-
ton is brought against him by official authority and
by due process of law To refuse to surrender him
for trial virtually asperse the honor of the courts
of Kentucky, and that will inevitably tend to weaken
respect for the courts everywhere In Our Union the
States too closely linked together for it to be DOS
sible to maintain respect for law in one State while
knocking at the law in an adjoining State However
bad politician Goebe may have BEEN his assassina-
ton was infamous crime and every man CHARGED
with it upon good evidence should be made to
for it at the bar of justice He should not be per
mitted to escape by flying to another State The
mandate of the constitution should be obeved even
though the trainers neglected to provide means Of
compelling obedience to it.