The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1903-02-07
Supreme Court UphOIds Keep
ing Oklahoma Convicts.
Justices Smith and Burch Do
Not Agree.
TERRILL MUST STAY.
Lawyer Convict Who Fought
for Release Can't Get Out.
Couldn't Trust Others So He
Made Own Argument.

Oklahoma convicts are legally held in
the Kansas penitentiary. So said the
supreme court today in its decision IN
the Terrin case.
The court is not a unit on the sub
ject. however. Justices Smith and
Burch dissent. They anege that while
Oklahoma authorized the contract the
legislature of Kansas has never done 50,
and it is therefore invalid and of no
force.
The decision was rendered IN the
habeas corpus action brought by Ira \.
Terriil an Oklahoma convict in the
Kansas penitentiary. to get himself out
of prison Terriu is q lawyer and help
ed to organize the territory Of Oklaho-
ma. He was a member OF the first ter
ritorial legislature and helped to frame
the crimes act. Those were strenuous
days in Oklahoma and in one OF the
numerous quarrels which arose between
different factions in the location Of the
territorial capital. Terrin killed man.
He pleaded SELF defense, but he was con-
Victed of manslaughter, the nIst cOnNlc-
ton under the crimes act he helped to
frame He fought the case for years n
various way, but was finally placed IN
the Kansas peniteltiary Tor twelve years
as an Oklahoma convict. Some time
the Kansas supreme court alleging that
he is Illegally held because the contract
between Kansas and Oklahoma was not
legal
Terriu would not trust other lawyers
to argue the case for him. as he alleges
that he has already been sold out by
other lawyers, so he was brought IN
person from Lansing to argue his own
case. Lawyers who heard him say ne
made a strong argument
He already has his papers prepared
to take the case to the Omitted States
supreme court.
The majority opinion in the case is
written by Justice Smith, who also dis
sents from it. The syllabus Of the case
is as follows.
The petitioner was convicted Of man
slaughter in the district court Of Noble
county. Oklahoma, and sentenced to
confinement in the territorial peniten-
dary at Lansing, Kansas, where he is
now imprisoned for q term of twelvq
years. statute of the United States
then and now in force, provides;
That the legislative assemblies of
the several territories of the United
States may make such provision for
the care and custody of such persons
as may be convicted of crime under
the laws of such territory as they shall
deem proper, and for that purpose may
authorize and contract for the care and
custody of such convicts in any other
territory OF state, and provide that
such person or persons may be SEN
fenced to confinement accordingly in
such other territory or state. and all
existing legislative enactments of any
or the territories for that purpose are
hereby legalized.
Held that this act of congress
which is the supreme law Of the land
auln0rlzes the prisoners detention in
tne Kansas penitentiary. and that he
thereof
- The legislature Of Oklahoma Ter
Iltory- acting under the power granted
D5 tne act of congress set ont in the
ll.s. paragraph of this syllabus. passed
eH ACT authorizing its governor to con
tract In the name of the territory. with
tne proper authorities of some other
STATE or territory, for the care and
Sust9oy on such persons as might he
con NlcleQ of crimes DlInfehqh hIa n, tto
penitentiary, by the laws Of OIrlabo,,,a
LnQer this law contract 10 thai 81
lect was made by the governor 7,-ftr
& ens warren and directors of the Kan
ra7 pehltentlary- The contract hos
peen recognized by the officers of ~
stale since it was made. including tba
governor in his message to tbe leeis
~ ellef ana payments received bv the
state from Oklahoma for the s5,,
tenance of its prisoners
i'slu tnat such official conduct
-1 lesldIatlons amount to an acol,f
Fseg,iee Tzsggee on the part of the state "a
Ndllsas In the validity of +ha ,,,,.+ -
and the fact that the xvarller, 5-.i =
Ie1.ois ot the penitentfarv ,rara -
authoflzed by legislative act to, 60.
.-.g tAe agreement under which tbe
Peuuoner is held, cannot avail ~
5iscbsrs,. ana :. furnish grounds for his
me ne majority opinion recites the OH,
,,.f+t 9satutes authorizing the contrae+
,,isa,,ll.-1 Nailsas for keeping Oklabons
prisoners, and then continues. iiisa
me fightful opinion of fl,a ,.,,-,,+
+Lt - on opinion. depend on wbatba7.
- t, ~ s.te WIN The governor of Oh
s+l'eliia .-+-e.-liaW was made by persons havira
statutory authority from the ets+ -
Kansas. The prisoner. was oo,,,-5(+ss ~ ~
territorial court which derived i4
power and Jurisdiction from tha os.s..,ls' -
" tAe territory which is an act ~
o,1a7a.s me FEDERAL statute above
IGotsu authorizes the custody and mn,
ii-ilett OF It's cOnvicts in anv o4Tre~
s4le OF territory. The petitioners -
1.ev4 ana sentence being regular af17
rTbe ~ 20 carry 1t out is a mere detail
--s-.--s - o. congress are. under the CON
-ioii. tne supreme law of tha 1ao4
80 FoNei was given by congress to The
fo,, ~ iSIes g OF oklahoma to make provfs-
has - elIlll imprisonment here. This
9 oeeh done. The federal laws sra
PARAMOUNT and have force and eefs,.+ IS
state and territory I'm the r-,,i..
ne peuuoner insists that the ,-a7,'1l-,
law of 49, ms detention under some
ttt7 STATE OF Kansas whore no ;e
--it. lS9iteU; that no statute of tl,ie s+.-a
- veg oeen pointed out which ei,-ss
NM authority for holdine him Ii
1natge must follow" -''7 US
prisoner ~ 80 ~ !nen raised. could a
fransas IL - ~ VINE going through
cyI.aloIlla prisoners to Nebraska Tba
9pinlon SAYS: In such case no law o+
tifv he o1oi5 1li5. oe cited which would JUS
IN TINS state, yet his rfghtfui detef.fia',
denied. 0'"ilot ps
the all-pervading force Of congress
tConunued on Sixth PageY