KENTUCKY. 



473 



prefer them to all other food, even corn. An 

 act for the propagation and protection of 

 food fish in the waters of Kentucky was passed 

 by the General Assembly, and approved March 

 26, 1876. A commission of ten persons was 

 appointed to act in conjunction with the Com- 

 missioner of the United States in stocking the 

 waters of Kentucky with fish, and at the same 

 time to build a hatching-house in which to 

 propagate such young fish as they might be 

 able to obtain. Since that time, the Commis- 

 sioners have been busy at work, and have 

 placed thousands of the young California sal- 

 mon in the streams of the State. 



The geological survey has brought to light 

 some very valuable clays in the western part 

 of the State. Contiguous are also valuable 

 deposits of brown coal, and an unlimited sup- 

 ply of white sand suitable for plate glass, and 

 as an admixture with clay for the manufacture 

 of porcelain. 



The reports of the State charitable and 

 other institutions are made biennially. (See 

 "Annual Cyclopaedia," 1877.) 



On November 29th a serious disturbance 

 took place at Jackson, the county seat of 

 Breathitt County. A mob attacked the sheriff, 

 although accompanied by twenty -five guards, 

 while bringing a prisoner charged with murder 

 to court. Several shots were fired ; the guards 

 fled, and one of them, being the County Judge, 

 was killed. The Circuit Court, then in session, 

 was broken up, and the Judge withdrew. 

 These things formed the outbreak of some old 

 feuds which had been attended with constant 

 violence. Scenes of bloodshed followed for 

 many days, and a military force was sent for 

 a short time by the Governor to maintain order. 



The election in Kentucky on November 5th 

 was for members of Congress. The vote was 

 much below that of 1876, and the result was 

 as follows : 



' Independent Democrat. 



The state of parties in the Legislature was 

 as follows : 



A change took place during the year in the 

 organization of the Court of Appeals. Chief 

 Justice Lindsey retired by reason of the ex- 

 piration of his term, and Judge W. S. Pryor, 



having the shortest term to serve, became Chief 

 Justice. Thomas II. Hines, of the Fourth Ap- 

 pellate District, was elected to the vacancy by a 

 vote of 39,553, against 594 for James Stewart. 



A case came before the Court of Appeals 

 during the year in which the point at issue 

 was the right of a court to try an extradited 

 prisoner for a non-extraditable offense. Hawes, 

 the prisoner, had been brought from Canada un- 

 der the extradition treaty upon three charges 

 of forgery, all of which were tried, and Hawes 

 acquitted. It was undertaken to hold and try 

 him under a charge of embezzlement. This 

 the Court decided to be an offense under which 

 he. was not extradited, and he was dismissed. 

 The Court of Appeals held that this ruling wati 

 correct. The case, " The Commonwealth vs. 

 Smith N. Hawes," was carried up from the 

 lower Court by the State. Chief Justice Lind- 

 sey, in delivering the opinion of the Court on 

 April 17th, considered two questions: 1. How 

 far the judicial tribunals of the Federal and 

 State governments are required to take cog- 

 nizance of and in proper cases give effect to 

 treaty stipulations between our own and for- 

 eign Governments; 2. The true construction 

 of the tenth article of the treaty. The first 

 question is answered by that clause of the Fed- 

 eral Constitution which makes all treaties un- 

 der it the supreme law of the land, and " is 

 consequently to be regarded in the courts of 

 justice as equivalent to an act of the Legisla- 

 ture, whenever it operates of itself without 

 the aid of any legislative provision." In con- 

 sidering the second question, the Court, with 

 great research and ability, brings out the dom- 

 inant principle of modern extradition. The 

 Chief Justice says : 



The tenth article of the treaty of 1842 is as follows : 



" It is agreed that the United States and her Britan- 

 nic Majesty shall, upon mutual requisitions by them, 

 or their ministers, officers, or authorities, respec- 

 tively made, deliver up to justice all persons who, 

 being charged with the crime of murder or assault 

 with intent to commit murder, or piracy, or arson, 

 or robbery, or forgery, or the utterance of forged 

 paper, committed within the jurisdiction of either, 

 shall seek an asylum, or shall be found within the 

 territories of the other : Provided, That this shall 

 only be done upon such evidence of criminality as, 

 according to the laws of the place where the fugitive 

 or person so charged shall be found, would justify 

 his apprehension and commitment for trial if the 

 crime or offense had there been committed ; and the 

 respective judges and other magistrates of the two 

 Governments shall have power, jurisdiction, and au- 

 thority, upon complaint made under oath, to issue a 

 warrant for the apprehension of the fugitive or per- 

 son so charged, that he may be brought before such 

 judges or other magistrates, respectively, to the end 

 that the evidence of crimiaality may be heard and 

 considered ; and if, on such hearing, the evidence 

 be deemed sufficient to sustain the charge, it shall 

 be the duty of the examining judge or magistrate to 

 certify the same to the proper executive authority, 

 that a warrant may issue for the surrender of such 

 fugitive." 



It will be seen that the trial and punishment of 

 the surrendered fugitive for crimes other than those 

 mentioned in the treaty is not prohibited in terms, 

 and that fact is regarded as of controlling importance 

 by those who hold to the view that Hawes was not 



