The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1901-11-07
oovEaNoR puReIN,s DECISION.
From The Louisville courierJOurnal3

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Winfield r. Durbin governor OF Indiana respeeuoy "
ci;,es ~ obey the constitution OF the United states
This the provision which he swore to support "H "
became governor and which he now sets aside ,
"A person charged in any State with reason I'D IN an
other crime who shall Gee from Justice and be i 5abor II
to the State having jurisdiction of the crime
William s Taylor and Charles Finley are charged oy IN
diote, in Kentucky with being accessory before inc a0
Inc murder Of William Goebel which is felony lhey neu
Indiana and have been found there. The executive au
thority of the State OF Kentucky has demanded hS @
delivered up 10 removed TO this State which mas
ton the crime. The governor oil lnula"d 'S'"'~
liver them up. ,.h,o 4; |
This is the whole case far the cold law applicable
involved provision Of the constitution is
and congress has passed appropriate legislation 10 e
The governor OF State which person charged WIN
crime has fed is not invested with jurisdiction to deue
whether the accused person guilty or innocent inns is
question for the tribunals OF the State in winch the crime
committed The governor the State in which the accused
is found is limited his authority by the mandate OF the con
stution He may inquire whether the person whom nc Is
asked to deliver is charged with treason felony or ole
crime and that OF course involves the question OF denty
He may look to the demand for delivery to ascertain whether
it nanacs from the executive authority OF the proper state
and whether it is accord with the Federal statute IN sueh
cases made provided If these questions be answered IN
the affirmative he has nothing do but to obey the consu
ton deliver up the or persons whose removal
r trial is nroperv demanded This all there is to his
duty in the premises and he refuses obey the constitution
Governor Durbn however says that he chooses to make
use discretionary Of refusal Nhere does nc
get that discreton' Certainly not from the constitution
The makers Of that instrument imagined that they were
giving the governor OF State revsory powers over e
laws the courts or judicial proceedings OF all the ohe
States as condition the performance OF the duty imposed
pon HIM 1t is the theory OF the constitution that all the
States are equal In section article OF the const
tuition says expressly that full faith and credit shall be given
in each State to public records and Judicial proceed
rrs OF every other State Yet Governor Durbn gives no
faith to the Judicial proceedings Of the State OF Kentucky
but on the contrary himself appellate court to
revise them and point his objections TO hem NO
more fragrant violation of the Federal constitution no gosser
Insult to State iueNousable usuTpat'on OF
judicial authority in another which he does not possess
in bis own could imagined Such action breahes the
shirt o absoluu 1t strikes down all the barriers which
have been enacted against exercise OF arbitrary power
II is scarcely necessary to follow Governor Durbn
through his review the Powers since he has not the
slightest authority make it. II our information IS correct
he is not even lawyer much less court OF appeals II IS
not rprsnc therefore that he should set up judicial stand
ards unknown to the laws Kentucky any other State
The measure his competence for the task that he imposed
on himself making this review be inferred IRON his
argument that reversal OF by the Kentucky court OF
apres that the persons whose delivery was ASKED
could not have fair trial This proves good deal more
than even the governor of Indiana would be willing TO admit
As the appellate OF the States and OF the united Sta
are constantly reversing cases perhaps the extent OF abou
those that before them the same arsuaeh
would urovc that there chance justice anywher
in the United either State Federal courts On
legal mind The would make precisely the contrary I'M
from there danger Of judgment Of conviction
remaining unreycred unless all the requirements OF the laN
are fully met BY his peculiar construction OF reversa
Governor Durbn has shown his inability to sfappl
with the questions which without legal authority ne has
sumed TO try. In view of his bitter attacks on kentuck
courts is circumstance that he is not nvestel
as he seems imagine with authority regulate and re
verse the judicial proceedings of all the States.
The gist OF all Durbns charges against ker
Of lucky courts that they controlled by patsanship
appears obyous the role that parsanshp plays in hi
own action What foundation for claim that he ha
discretionary power refusal obey the constitution
Simply that under the circumstances there no to con
m pe him TO do right Why there such power? COVE
nor may mpeached Tor misconduct Office by the lowe
house Of the legislature and tried by the But the II
diana house OF representatives has republican majority
Twenty-Five and the republican majority OF sxtee
H. As Governor Dubin action is Endorsed by the repubca
organization Indiana the house will not impeach him.
he it did the would convict Thus inrenched
n hind wall OF partisanshp home the of lndiar
nc devotes his leisure railing partisanshp in Kentuci
Secure in contempt OF his party friends for the constt
ton OF the United States, he dsregards the Smity wh
should exist equal States and boldly attacks the
ne mnistraton justice in Kentucky vitated by parsa
OF ship while aIoralng his official action example
he political prejudice which assas the very foundation of publ
" justice everywhere.