The Savannah morning news., 1902-03-08
CONSIDERATIONS GONE.
Continued from 10th Page.

government in the attempt to enforce
its authority. they were finally COM
PEELED to appear for trial at this term
of the court. The term has lasted for
nearly a month. 1t has been almost
entirely devoted to the laborious and
careful disposition of dilatory or pre-
liminary objections interposed by their
counsel. and when finally ordered TO
appear and plead as they were bound
TO do by their bond. in apparent dis
regard of the authority of the law, they
are now fugitive.
Sought to Defeat Trial.
They are both, learn. men of fine
intelligence. They, as we'll as do their
counsel here, and elsewhere. fully I'M
derstand their duty to be present. The
government officers have been at great
labor and the government itself at
great expense in preparing for
their trial. Indeed, the con-
duct of these men. unexplained
with regard to their non-appearance, is
an outrage upon public justice. From
the inception of their efforts to delay
or defeat the trial upon indictment
for the serious charges preferred
against them, this court has done all
in its power to enforce its regular pro-
cess to bring about the speedy and i'm
partial trial contemplated by the con-
ner. established not only by the stat
utes. but by the time honored prece-
dents of the United States courts.
When the indictment and bench
warrant of this court were ignored by
the officials in New York, and the pris-
oners after Indictment were arrested en-
an affidavit and carried before COM
missioner there, / at once foresaw the
evil of this action, and wrote to the
49, inv
ing the exercise of his constitutional
power to see to it that the laws should
be enforced. The President, Mr.. Nc
Kinlsy. at once laid the matter before
the Attorney General, and that head
of the Department of Justice brought
il at once to the attention of the Con-
gress of the United States. The Senate
Immediately passed a bill, which as l
understand their action, was intended
TO compel obedience to section 1O14, Re-
vised Statutes, which provides for
simple and speedy method for the ex-
tradition from one judicial district of
the United States to another of per-
sons indicted for crime against the
United States.
Their COntemptuOus Disregard.
The Senate passed the bill by unan-
imous vote. The case dragged its slow
length along before the commissioner
and district judge in New York and
was thence carried to the Supreme
Court of the United States, and after
final judgment of that high tribunal
the accused were compelled to come
here for trial Their apparent con-
temptuous disregard of their duty at
this time to obey the order of the
court renders nugatory all the efforts
made to bring them to trial. and of
no avail the sums which the govern
ment must have expended to bring
about that result.
Its most baneful effect. however, is
the example ii affords of the paralysis
of the law. If this alleged plumber
OF the public treasury and this ap-
parent stigma upon the effectiveness
and authority of our criminal proceed
ure shall go without trial, then 1 grave
~ misunderstood the character and
er of our government
IF this lamentable result shall en-
sue the country may well be forced to
the conclusion that while criminals Of
less degree can swiftly and speedily be
brought to trial. the wealthy and pow
erful when indicted can with safety
defy the law and with impunity laugh
at the processes of it's courts.
These men are presumed to be in
nocent of the crime charged. My re-
marks exclusively relate to the man
ner in which the process OF this court
has been held up. and arrested, and the
unexplained contempt on the part of
these persons of it's orders. Take the
capias, Mr.. Erwin