The morning Astorian. [volume] (Astoria, Oregon) 1899-1930, 1903-08-27
sEMI.wEEKLY,
NEGRO REQulaTIoN

Governor Terrell Of Georgia las made
requisition upon Governor Bliss of
Michigan for the rendition of negro
charged with murder and the requis-
ition so far has not been honored. The
reasons given are technical but the
grounds of objections urged by the ne
gro's counsel are alleged fear of mob
If their client is sent back to Georgia,
and IL is said this plea has to do with
Governor Bliss refusal While its
doubtful If under the federal eonsti-
tuition, the executive of one state can
be forced to honor the demands Of the
executive of another in requisition mat
ters, yet it is generally accepted that
no qualifications attach TO the right of
demand, that is if the forms of law
are complied with in making the de-
mand, the executive upon whom the
demand is made has no right to inquire
into the merits Of the charge against
the fugitive or to inquire into the con-
ditions or customs that may exist in
the demanding state. That the accused
is regularly charged with an extra
ditable offense and demand is made in
conformity with the constitution of the
United States is as far as the governor
of state upon whom requisition is
made may go. if the comfy that should
exist between states is to be maintained |
As matter of fact, the constitutional |
intention is sometimes overridden and |
a governor stands upon what he Is
pleased to call his supreme prerogative
in the matter of delivering or refusing
to deliver up a citizen of his state. I
Governor Durbin of Indiana took this |
position in the case of Governor Taylor |
who upon the killing of Governor Goe- |
bel, fed from Kentucky and took refuge
in Indiana. The demand for Taylor's |
rendition was made in regular form but |
Governor Durbin refused to honor the !!
requisition on the grounds that under /
the conditions prevailing in the demand /
ing state, the accused could not be I
guaranteed a fair and impartial trial.
Mandamus proceedings were threatened
but were never brought against Gov
ernor Durbin, and it has been long
time since the governor OF Indiana
said to the governor Of Kentucky, etc.
In the case Of the negro. Governor
Bliss may take the same position as
did Governor Durbin. He may go be-
yond the regularity of the demand and
refuse to deliver the fugitive on the
ground that negroes have been mobbed
in Georgia, but it will disturb the COM
ity of the two states and may prove
a serious precedent. 1t would add a
new complication to The already seri-
Gus question Of lynching regroes. The |
negro, if guilty Of murder may be ex-
pected through his counsel, to urge the
danger of mob law in Georgia, or ad-
vance any plea that might operate
against his extradition, but if his plea
prevails it win be at the expense of
Georgia negroes that may not be mur-
derers. If on the plea OF fear Of mob
violence, Governor Bliss refuses to al
low the negro taken back to the scene
Of his crime, the state Of Georgia is con-
victed as mob-law state by the COVER
nor of sister state. Such action on
the part of Governor Bliss would tend
to defeat the object he may have in
mind-the cheating Of Judge Lynch out
of a victim. 1t would only make the
feeling against negro criminals strong