The Idaho Republican. [volume] (Blackfoot, Idaho) 1904-1932, 1906-10-19

one that Governor Gooding had nothing
TO do with whatever. 1t is made his
duty to act upon the charge. He is not
given authority to try them-no duty
rests upon him to try them; he could
not try them If he wanted to. But the
law says that when man Is charged in
this manner with a crime that the COVER
nor shall issue requisition papers for
him and send them to the state or coun-
try where the men will be found, who
are charged before the law. That is
his duty, and that he shall cause them
TO be arrested, and upon the consent OF
the governor or the officer of the country
or state where they are found they shall
be brought back in custody. Neither
the governor of Colorado nor the cover
nor of Idaho could, without violation OF
their oaths. and disregard of their duty,
have done anything else than to cause
those men to be brought from Colorado
to Idaho where the crime was commit
ted for which they are charged to be re
sponsible. Neither of these governors
are authorized to sit in Judgment as TO
the guilt of or innocence of these men.
That is the charge that is being made
against them. Being within the law,
they must act, or they must be dere-
lict in the performance of their official
duty
NO kidnapping.
1t has been said in an irespon-
sible way, by those who are not advised,
that these men were kidnapped from
Colorado. There is no foundation for
that statement. Any person who Is
interested enough in this question can
oil
the facts. The facts are that they were
ficers that the law provides to take
them into custody, and they were
brought here as other men are brought
under similar circumstances for other
offenses, and as men are taken from
Idaho to other states where they have
committed offenses, or are charged with
the commission of them When they are
apprehended the executive function
ceases. These men are then within the
jurisdiction Of the courts of Idaho, and
are now questioning the right to hold
these men, OR they through their attor-
neys are questioning that right, caused
writ of habeas corpus to be sued out
upon their behalf Nobody did it for
them; nobody compelled them to do it;
it was moi done by the governor or the
prosecuting attorney, or anybody on that
side, but these men caused that to be
done in their behalf, for their release,
on the grounds that it was not lawful
to bring them from Colorado to Idaho
under the circumstances. That case was
submitted to the supreme court of Idaho
and to the circuit court of the United
States. 1t was held that the proceed
ings were in perfect accord with the
10 hu w maj OH
to Idaho. From that judgment these
men appealed to the supreme court of
the United States, which they had
right to do; but they did it, knowing
that that appeal would prevent a trial
until the appeal was decided by the
United States supreme court. While
that court is considering any question,
the hand of every court is stayed until
they have determined it, and the case
is there at the election of these men,
who were held at Boise. The case was
set for argument yesterday, in the
United States supreme court. 1t has
doubtless been argued, because cases
are argued when they are set in that
court. 1t will doubtless decide the case
within few days, probably next Mon
day. They generally render their de-
cisions on matters of that kind when
they come in on Mondays. If there is
a difference of opinion among the judges
they amy take a little longer time, but
it belongs to the class of cases that are
speedily decided without any more delay
than is absolutely necessary to arrive
at a conclusion and write an opinion.
Suspend Judgment.
SO that that court will speak within a
few days and say whether or not these
men are wrongfully deprived of their
liberty. Can't you wait? Can't those
who are MISUNDERSTANDING l am told
that in this community some believe that
justice has not been or is not being
done to these men-can't you wait until
that great tribunal-the highest tribunal
in the world--passed upon the question
of the rights of these men? The hour
is at hand, and if the United States su
preme court says these men were wrong
fully brought to Idaho we must all bow
our heads to that decision in assent,
because there is no review of the acts
of that court. But If it says they were
brought here, you must, as
American citizens every one of whom |
has implicitly taken an oath to be true |
and loyal to the constitution, you must
assent to their judgment, and those men |
must stand their trial like other men, |
Men who are charged before the law |
with it's infraction have no cause to |
because they are called upon |
to stand up and show and prove that they |
are not guilty. Would you shield for |
a minute men who are guilty Of the |
crime of which these men are charged? |
II you would, you belong in their class. |
and ! do not believe that there Is per- |
son present who would like to see the |
murderer of Ex-Governor Steunenberg |
go free. In the interest of your own |
safety, from a selfish standpoint, in the |
interest of your country and the per-
petuation Of it's laws and it's existence, |
you don't dare to have such wish in |
your heart, and If you should find 1t
there you should root 1t out
Duties Of citizenship.
Law and order--obedience to the law
wisdom in making it--but if you neg
ect your duty as citizens when the time
comes for you to speak and act in re-
gard to the making of the laws, then
you have no cause to complain Go to
your primaries and go to the polls and
AXE part in the deliberations Of your
party, and the result will be the COM
oosite wisdom OF all the people, which
S represented in the enacted law of
he land. That much for this question.
It will be determined by that tribunal
before you are called upon to cast
1ote
Governor Gooding has done his duty