The times dispatch. [volume] (Richmond, Va.) 1903-1914, 1907-05-26


to another with less legal formnllty,
and the courts have refused to relenss
them inter they had been brought
within tho State where tho crime wna
committed. Tho question uppermost
IN the minds of all Just now is. Waa
there different law applied to Mover.
Haywood and Pettlbone by the Sl.
premc Court OF the United States thnn
las been applied to others In the pnstf
Is thore ono law for the labor Leaders
md another for the Captain OF indus.
dustry"? There may be. There have
been decisions In some States on other
matters that would seem to bear out
the charge. "When we deny to one.
however wicked, a right plainly guar
anteed by the Constitution. we tak1
that Same right from every one. foN
the Constitution is for all mcn--'for
tho favorite at court, for the country.
man at plow'-at all times and
under all circumstances" wrote SUI
preme Court Justice Robert w. Steele,
OF colorado. In his dinsei,tins opinion
"nen tho Supreme Court of that State
refused Charles II, Meyer writ OF
napeas corpus at a time when the writ
mad not becn suspended, and when
Meyer was held by Adjutant- General
Sherman Boil, without warrant, as O
military necessity" because Meyer
was suspected OF fomenting discord
and strife. But In the present case I
90 not think there Is any foundation
for the charge of discrimination. IL
the law Is now unjust or unreason.
able, 1t always has been So
Governor Mcdonald, of Colorado, was
entitled to demand Whatever informa-
ton he might think necessary to prove
that Meyer. Haywood and Pettibone
were actually In the State OF Idaho
when Governor Steunenberg was killed;
but he had the sworn affidavit of tho
prosecuting attorney OF Canyon county,
Idaho, that they were In tho State at
that time, and he seems not to have
sought farther.
There Is u provision OF the Federal
Constitution that full faith and credit
shall be given in each State to the
records and judicial proceedings OF
every other state" The courts will not
inquire. on n writ OF habeas corpus,
into the motives OF the Governor OF o
state in tho performance OF his official
duty.
The most serious charge. outside OF
that OF collision, made against the
officials of Colorado is that the repre-
scntatlves OF It's military authority
| were Jointly in charge OF the special
train which carried the defendants to
| Idaho It IS sought to excuse this on
| tho ground that II the confession OF
| Harry Orchard be true. then the State
OF Colorado was entitled to see that tho
! defendants were safely delivered into
the custody OF the State OF Idaho. and
| as safely returned TO Colorado for pro-
secution on other crimes in case Idaho
should not convict them. But this was
| tho concern OF tho civil authorities
of Colorado. not the military-of the
| judicial rather than the executive de-
partmcnt of It's government.
| The Supreme Court on the Kidnapping.
| When the writ OF habtl corpus was
secured in the courts OF Idaho. the de-
| PENDANTS set UP facts showing that
| thoy were arrested late on Saturday
evening after the courts had adjourn
cd and after the Judges and lawyers
| had gone TO their homes and taken
| by special train out OF Denver early
| next morning. under guard, without
| opportunity to consult with friends or
| counsel: and that In these and other
| matters there was collision between
| the authorities of Colorado and Idaho.
| The prosecutors demurred to these all
| legations and moved to strike them
out.
/ The legal effect OF this motion was
to admit the truth of the allegations
for the purposes OF tho motion. The
| prosecutors did not expressly admit
them, but took the legal position that
| they were not important or relevant,
| even II true The courts Of Idaho sus-
| tanned this position. and the Supreme
| Court of the United States affirmed II
| on appeal. Justice McKenna, Of the
| Supreme Court of the United States
i dlssented holding that II these alle-
! cations were true-and as matter OF
/ law they were presumed to be true
l the State of Idaho had no right to hold
persons brought into her jurisdiction
| by the connivance and violence of her
/ own officials. He distinguished be-
tween n case where a person Is KID
mapped by private persons and where
/ he is Kidnapped with the knowledge
! and by the collusion of the State OFF,
GERS themselves.
i Fhe appeal on this matter by tho
i defendants from the decisions of tho
/ State and Federal Courts in Idaho
to the Supreme Court of the United
j States rendered void under the United
Il States statute any proceedings had
III the courts of Idaho In the case until
after the decision of the Supreme
Court of the United States was rem
4 dered The wheels OF Idahos courts
I were compelled to remain idle until
the appeal to the Supreme Court OF
tho United States was decided. The
defendants were, therefore, on their
own motion, compelled to remain In
jail for a year without trial.-From
II Golfers Weekly OF May 25th.
Il
Il Catalogue Price.
4 II