The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-14
CAN GET HOLD OF TAYLOR.
HON. JOHN o. PITTS SUGGESTS A
COURSE OF PROCEDURE.
Governor Durbin Would Be Compelled to
Hsrken' to An Order From a
Federal Court.

Federal court,
Hillsboro. Texas, November lS.-Hon.
John d. Pitts has written the following
open letter to the governor Of Kentucky:
Governor j. c. w. Beckham, Frankfort, Ky.
Hillsboro. Texas November Ii. 1901
Dear Sir: Observing no moral distinction
between an anarchist who murders presi
dent and one who murders governor
law-abding people look with CONSERVATION
upon the acts OF Governor Durbin OF In
diana, who, like his predecessor refuses
your requsition for those charged with
the assassination OF Governor Goebel.
Both the assassination Of President Nc
Kinley and OF Governor Goebol were polit.
teal crimes. and while the people are graft.
ned that Cgolgos2 was captured and OK
ecuted before he could Join Taylor and
Findley in Indiana and. Ike them, enioy
the protecting sympathy OF Governor Dur
bin, vet We all realize that should he
have hetook himself to Indiana's city Of
refuge" for fugitives from justice and New
York had sent a reQuisition for him, Gov
| ernor Durbin, by substituting the other
names. could have taken the same mes
sage he sent to Governor Beckham and
sent It to the governor Of New York as
follows;
When better assurances Of fair aud
impartial trial OF Mr. C2olgOsz shall be
given by the trial of those now In New
York charged with participation In the
assassination Of President Mckinley, aud
| the record OF the procedure shall show that
an impartial Judge sat on, the bench and
nonpartlsan jurors hlled the box reqWs
lions will be honored."
Public Indignation was more universally
| aroused over the ASSASSINATION Of President
MsNl frN1a sh NuH q tNfA
| bel, and the governor Of Indiana could
| have had his peculiar fears and sympathies
/ more thoroughly awakened in behalf OF the
/ New York assassin.
! II governors had such unlimited power to
/ shield fugitiVes from justice by an eN
| parte inputation against the honesty and
| integrity OF the judges and Jurors Of other
| States and were thus allowed 10 obstruct
! the course of justice a will and Involve
| States In conflict OF dangerous and deB'
perate force against each other.
When the executive Of any State AFRO
/ gates to himself supreme authority to OBJ
/ struct the judicial machinery of other
| States and bases II on the ground that be
| himself is purer and more upright than the
officials OF other States and that their
supreme and inferior courts are so corrupt
that they can not administer Justice, he
presents a pitiable study for the coutem-
] plation OF upright minds. Governor Dur
bin does not believe this In spite OF his
protestatiOn that he does lie exposes his
| inslncerlty when IN charging the unfair.
| ness Of the Powers trial he points 10 the
! fact that the court of appeals reversed
/ the case and in that be infers Win equal
| force that the court of appeals Is fair and
/ impartial and that justice Is IN that re
| spect properly administered
! Out of the unduestionahle fact that he
intends to obstruct the courts OF Kentucky
| arise the legal questions;
/. Does ne possess such unlimited pOwer2
! y. II not. what Is the remedy Of 81 state
| against the assumption Of such power by
| the executive Of another State;
Under the drst proposition IL is uncon-
! troyertanle that states have supremc power
! IN all matters not delegated To Federal au-
/ thorlty IN the constitution Of the United
| States That compact between the states
! was adopted ''to establish Justice" and ito
| supreme in all powers delegated TO Fed
| eral arbstrauent. and it says. Fun faith
! and credit shall be given IN escq state 10
| ceedings Of every other. state"
| That constitution further declares that:
! "a person charged In any State with TIRE De-
son felony or other crime who shall zee
! from justice and be found IN another State,
! shall. on demand Of the executive authority
| OF the State from which he 1ed, be de.
| livered ny to the State having jurisdiction
! OF the crime"
Since the adoption OF the United States
SPsn2R bea Its 29yoGs haS been man
| oath Of office he swore that he would sup
| port that constitution. but his wiilfu IN
| difference 10 that oath can not lessen nor
limit Federal authority 10 enforce that
! provision.
Under the second proposition, as 10 what
1 is the remedy, it Is clear that the consti-
/ tuition OF the United States would be use.
less and llfeloss II the Federal government
had no power 10 enforce Its provisions be-
tween the States. While Governor Durhin
for reasons best known 10 himself, as
sumes the authority TO violATC the con-
stitution and 20 decide such questions be-
tween Indiana and Kentucky In q manner
| that best suits his own purposes, yet the
Federal law reserves that power and the
| constitution declares that Its judicial power
shall extend to all cases Ia law and
equity arising under this constitution" and
in that respect especially mentions con
troversles between two or more States,
between State and citizen OF another
States"
Hence II the State Of Kentucky proceeds
against Governor Durbin and the State Of
Indiana through the Federal Judiciary to
recover her fugltlves from Justice that
tribunal must enforce the Federal Jaw.
Very respectfully. John d. Pitts.