The West Virginian. [volume] (Fairmont, W. Va.) 1914-1974, 1917-11-30
FRIDAY EVENING. NOVEMBER 30. 1917.
scUTTLINc ARTICLE FOUR.

hOSION people have held mass meeting at which
Id resolutions passed requesting President Wilson
TO interfere in the processes of The Federal courts and
prevent the removal of the notorious John Johnson 10
the jurisdiction of the Federal of the Southern district
Of West Virginia for trial on Mann act charge and
here is prospect that every legal expedent prevent the
negro from being brought trial will be rcorted TO in that
town. Boston emotonaism regarding the rights ofoored
citizens and the fact that important municipal campaign
Is soon to open there have great deal 10 do with this
phase Of the Johnson case without doubt but the more
serious side of still the attitude which Governor Mccall
has taken refusing Johnson the courts of
this state 1t serves c call attention 10 The fact that very
serious change IN the relations which the who drew up
the frame Of the American government intended the states
should bear toward each other has been taking place in
recent years. Unless public opinion pulls check upon this
tendency almost certain TO serious trouble in time
In his reply to Governor Comsycll Governor Mccall
says there preceden great numbers for the stand
he took with regard to the johnson He right He
cites Massachusetts precedent in this reply Marion
county lawyers will remember the refusal OF Ohio to honor
West Virginia requion during the present year in the
of wanted here Since the johnson controversy
arose the refusal of Inoana give up Ex-Governor aylor
who was wanted in Kentucky for the alleged murder of
State Senator William Goebel has been mentioned many
hines. But the classic precedent Kentucky Dennison,
which 1850 Chief Justice fancy decided that Cow
ernor Dennson of Ohio was within his rights when he
fuesd to eliyer one Willis Lago who was wanted in Ken
ossisllb
opinion that the words t shall be The duty" in the pro-
vision Of the Federal Constitution which says that person
charged with crime in who fees to another state
shall be delivered up to be removed TO the state having
jurisdiction of the crime not mandatory and compul-
sorry. but declaration of moral duty which the COM
pact created. This reduced exradion to matter Of
interstate courtesy and the Supreme has refused
interfere in such matters since.
But IN taking advantage Of this situation governors
have set up prececnt which have had the effect Of under
mining the First section of Article -Four which says that
Full faith and credit shall be given in each State to the
public acts records and judicial proceedings of every other
state What is to become Of this what. indeed, to
become of all the relations between the states if assist
ant attorney general who gets into office because he is the
useful tool Of political gang TO pass final judgment
upon extaditon maters7 We do not say that Nelson H.
Brown is that kind of official, but do say without
the least fear Of successful contradiction that there have been
that kind in the legal departments of commonwealth just
important as Massachusetts, and that politics is not
known quality in the office Of the Attorney General Of
the Bay state.
The whole extadtion tendency in the wrong direction
Now and then the ends of justice served by the refusal
Of requsion. But this should be done only when the
executive who acts very of his ground To do
IN trAmg cases which Governor McCas letter indicates
Is the practice in Massachusetts is an outrage 1t is apply
ing scule policy tt the whole of Article -Four Of the