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Terrill Case


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A case of importance to the Territory at large has been the habeas corpus proceedings brought by Ira N. Terrill in the Supreme Court of Kansas. This case involves the question of the right of Oklahoma Territory to imprison its convicts beyond its territorial boundaries. By virtue of an Act of congress, Oklahoma is authorized to enter into a contract with the proper authorities of any other state of territory for the care, custody and maintenance of persons convicted of crime by the courts of this Territory. By virtue of this power, a contract was entered into with the Warden of the State Penitentiary at Lansing, Kansas.
There are several grounds alleged, and raised by Terrill, demanding his release. The most difficult question raised by him is whether the contract with the Warden of the State Penitentiary of Kansas is legal, because of the fact, that the Warden has never been authorized by the proper authorities of Kansas to enter into a contract of this character. Another point raised by him is whether one state or territory may confine its prisoners convicted within its limits beyond its borders.
This case was before the full bench of the Supreme Court of Kansas, July 1902, and was submitted on briefs and oral argument. No decision has, as yet, been handed down by that Court. I am informed that Terrill intends to sue out a writ of habeas corpus from the Supreme Court of the United States, if he fails in this case.

Submitted by: Jennifer Ammons


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Updated: Sunday, 07-Oct-2012 22:07:30 CDT

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