The Cairo bulletin., 1906-12-05
MEN MUST STAND
TRIAL IN IDAHO
MoYER AND MINERS CHARGED
WITH KILLING FORMER GOV
ERNoR, STILL IN PRISON.
LAWS NOT VIOLATED
Ey Their Arrest Declares the II. s.
Supreme Court--Mexican Orphans
Need Not Be Sent Back
From Arizona Homes.

Washington, d. c., Dec. AIN ae
] cordance with the ruling Of the su
preme court OF the United States
Charles II. Meyer, W. D. Haywood
and G. A. Pettihone, representative
of the Western Federation Of Miners
viii be held in prison in Idaho "a
answer to the charge of completely in
the murder Of former Governor Steun.
enberg Myer Is president, Haywood
secretary and treasurer, and Petit
bsae 4 member Of the federation.
Justice Harlan delivered the ma
jurty opinion, but Justice McKenna
also delivered dissenting opinion
holding that the imprisoned men had
the right to invoke the aid of the
! federal courts To correct improper
methods used in securing Their extra
dition He held that kidnapping undcr
the law Is no more to be justified than
when performed outside the law
where every effort Of authority Is
used TO prevent and punish IL.
tiaheas Corpus Writs Rsfused.
The case was presented 10 the sill
preme court on appeal from a deeis-
ion of the Idaho federal court re.
fusing 10 grant writs of habeas cor.
pus. The prime pal point Of coniro
fversry was@ the method by which ths
| idaho authorities secured iuri, diction
over the men. All Of them are resi-
dents Of Colorado, and IL was allege /
| on behalf Of MOycr and his ass y
ciates that they were kidnapped II pnr-
suance Of conspiracy to which the
governor of Colorado and The Idaho
authorities were parties, and hence
that prrisdictlOn was acquired by
fraud The men were wanted by the
Idaho authorities in connection with
the as assination Of former Governor
Steunenberg who was fouHd dead
just outside his ga g, whore he was
blown to pieces by the explosion of a
dynamite bomb fastened to the gate
Announcing his conclusion that the
United States Circuit court had jur g.
diction in the habeas corpus proceed
ine Justice Harlan said
Looking fir. at what was alleged |
10 have occurred in Colorado touching
The arrest of the petitioner and his |
deportation from that state, we do no I
perceive that anything done there.
however hastily or inconsiderately |
done can be adjndged to be in viola
tion Of the cons tuition or laws of the |
United States"
After reviewing antecedeot decis- |
ions he announced that the principles
set forth in them require an affirm
ance Of the judgment Of the circutI
court" He concluded:
Any invest cation as to the motives
which induced action by the govern
ors Of Idaho and Colorado would be
improper as well as irreleya1l to the
real question to be now determined
Il must be conclusiyely presumed that
those officers proceeded throughout 4
this affair with no evil purposes and
with no sther motive than to enforce
the law
Orphans viii Stay in Arizona.
Another case of great Importance
decided by he supreme court vas
hat Of the New York 70 ndlng hospi- ,
.al against John C. Gatti. inyolyi e !
he disposition Of forty orphan chil. ,
lren. n-w in homes in Arizona The
court upholds the decision of the Ari- L.
IONA supreme court. that the children I.
shall no, be returne dto the found !
ing home IN New York II
The decision revives the story Of
he children. who were sent out fr m
Iew York in 1904 in a special car.
Intended for the nelghborinE towns If
clifton and Morenci. Arizona. They {
we're accompanied by three sisters Of 7
.harifv but were turned over 20 the q
ocsl prize at Clifton. The children / c
we're sent out in answer 20 a request. c
at-1g that they would be adopted hy {
espectable. educated Spanish famil- n
es. Instead r that. however. if IS
.laimed they fell into the hands Of
be- lowest class Of half breed Mexi
an-. q
The American residents Of the town 4
rEanizef a mass meeting and later s.
0ol- the children aVay from he Mex a
cana turning them over 10 Ameri- e
ans, by whom they were adopted s