The Paducah sun. [volume] (Paducah, Ky.) 1898-1906, 1905-07-10


Cochran orders the transference of
the case from state to federal juris-
diction is based on Section Gal Of the
Revised Statutes OF the United
States. That section declares:
When any civil or crimi-
nal prosecution is commenced
in any state court. for any cause
wlh tsoever, against any person
wboas denied or cannot enforce
in the judicial tribunals of the
state, or in the part of the state
where such suit or prosecution
is pending, any right secured to
him by any law providing for
!. the equal civil rights of citizens
of the United States, or of all
persons within the jurisdiction
of the United States, such
suit or prosecution may, upon
the petition of such defendant
filed in said state court at any
time before the trial or final
hearing of the cause, stating the
facts and verified by oath, be
removed for trial into the next
circuit court to he held in the
district where IL is pending.
Caleb Powers, unable, as Judge
Cochran decides, to get his rights in
the Scott circuit court, is placed I'M
der Federal jurisdiction.
Judge Cochran's decision shows
scrupulous regard for states rights.
but not less regard for the individ-
ual rights of American citizens, guar
anteed under the Constitution and
laws of the United States. II is a
decision that must command univer-
sal respect. 1t will do marvellous
good in inspiring respect for law.
for constitutional rights. state ana
federal, and for the integrity of trial
by jury. II is not a republican vic
tory. but notable triumph of jus
tice."
The Lexington Herald. independ-
ent, says
after five years the results of the
trials of Powers are first that he
stands today innocent in the eyes OF
the law, the court of appeals having
decided that In no one of the three
trials was he proven guilty and con
victed in accordance with the stat
utes. Therefore, be stands before
the state court, as he stood this day
five years ago. when his case
was first called for trial The furth-
err result is that after three trials
in the Scott circuit court. the United
States district Judge takes the case
from the state court to the United
States court upon the. ground that
he has been denied his rights; thai
he has been and is denied the equai
protection of the laws in that court.
During the five years and four
months since Powers was arrested he
has been in Jail His punishment
could not have been much more Sc
we're If he is guilty; no greater in
justice could have been done him
than has been done him if he is in
nocent. And yet the cost to him,
great as 1t is in loss of liberty, in the
loss of five years of his life, in money
and labor and suffering, is infinite
sinai as compared to the cost 10 the
state and her citizens. If guilty he
should have been hanged Ions
since; if innocent he should have
been acquitted long since. Whether
guilty or innocent he was and is en-
titled to a fair and impartial trial by
an unbiased and unapproachable ju-
ry. before a Just judge, and to have
a verdict rendered in accordance
with the law and the evidence. The
trials in which he has been denied
equal protection of the law, accord
ing to the decision of Judge Cochran
have cost the state thousands and
of dollars, and what is OF
infinitely more Importance, has put
a blot upon the reputation of her
courts and her judicial system.