Pine Bluff daily graphic., 1915-04-20
FRANK DEPENDS 0N PEOPLE ID
 SAVE HIS LIFE
(Continued from Page 1.)

saying:
 In all the pr2ccodings in the court of Georgia the fullest right and opportunity to be heard, according to the established modes of procedure. have been accorded 10 him" "
 "ln the opinion of hs court. ." said Justice Pitney, "he is not shown to have been deprived of any right guar anteed to him by the fourteenth amendment or any other provision Of the constitution or laws ot the United States; on the contrary, he has been convicted an dis now held in custody under the constitution
 HGlmes and Hughes Dissent. Justice Holmes delivered a dissen.- ing opinion, in which Justice Hughes concurred.
 In decision to which Justices Holmes and Hughes dissehted. the court dismissed Franks appeal from the federal court of Georgia. which refused to release him na writ uf habeas corpus Er nix contendpd that alleged mob violence" at Lis trial and the fact that he was absent from ihc courtroom when the iury returned it's verdict, had removed him from the jurisdiction of the courts of Georgia.
 The majority opinion of the su- preme court today rejected all those contentious. and declared Frank had enjoyed all his legal rights in the Georgia courts.
 Justice Pitncy, in the majority de- cision, stated that the obligation rest ed upon the supreme court to look through the form and into the very heart and substance of the matter. not only of the averment in Franks petition, but in tho trial proceedings in the state courts themselves.
 'The petition contains narrative of disorder, hostile manifestations and uproar." said the justice, which. if it stood alone and were to be talk en as true, may be conceded to have been inconsistent with fair trial and an impartial verdict But to consider this as standing .a7one is to take a wholly superficial view: for the mar rative is coupled With other state ments from which it clearly appears that the same allegations of disorder were submitted first to the trial eourt and afterwards to the supreme court of Georgia as 9 ground for avoiding the consequences of the trial. and these allegations were considered by those courts successiveIy at times and places and under circumstances wholly apart from the atmosphere of the trial and free from any sugges- tion of mob domination OF the like.
 Franks ChaTgeS GE0HnaHass.
 "The facts were examined by those courts upon evidence submitted on both sides and both courts found Franks allegations to be gronndless, except with respect to a few matters of irregularity not harmful to the defendant
 "This court holds that such a de- termination of the facts in this col lateral inquiry cannot be treated as nullity, but must be taken as set ting forth the truth of the matter un- til some reasonable ground is shown for an inference that the supreme court of Georgia either was wanting in jurisdiction or committed error in the exercise of it's jurisdiction. and the mere assertion by the prisoner that the facts of the matter are other than the state courts. upon full in- vestigatioD, determined them to bo will not be treated as raising an is sue respecting the correctness ol that determination, especially not where the very evidence upon which the de termination rested is withheld by him who attacks the finding.
 Respecting the tact that Frank was not present in the courtroom when the verdict was rendered (his 1 presence having been waived by his counsel but without his knowledge | or consent, the Georgia court held that because Frank shortly after the 1 verdict, was made fully aware of the | facts, and he then made a motion for | a new trial upon over 100 grounds l not including this one, and had that motion heard by both the irial court and the supreme court, he could not, after this motion had been finally ad- judicated against him, move to set aside the verdict as nullity because of his absence when :he verdict was rendered. This court holds that there is nothing in the fourteenth amend ment to AAayent 3 state from adopt ing and enforcing so reasonable of procedure"