Tama County Republican. (Toledo, Tama County, Iowa) 1867-1872, 1872-08-15


appears that there is reasonable cause
TO believe the complaint true and
that such person may lie lawfully
demanded OF the Governor, he shall,
II not charged with murder, be re-
CURED to enter into an undertaking
with sufficient surety 10 u reasonable
sum, to appear before snch Mag,s.
trate at future day (allowing a
reasonable time to obtain the warrant
from the Governor) and abide the
order Of such Magistrate III the prem
ises." si. At
Sec. 1925. Ii such person docs
not give bail, or if lie is charged with
the crime of murder, he must be yom-
mitted to prison and there detained
until such day in like manner as it
the offensc charged hal been COM
mitted within tins State"
1t will he observed that Sections
1923 and 452l before cited provide
for the summary arrest and cxamina.
ton OF person-who is q fugitive
from jus,.ce,-beiore any demand
has been made upon, or any warrant
issued BY, the Governor Of this State,
and that under these. sections the
proceedings were had under which
the petitioner herein is imprisoned;
and, that IN such summary proceedings
a party cannot be legally held, unless
he is liable, by the Constitution and
laws Of the United States, to be de.
livered over upon the demand of the
Governor of the State where the
crime was committed; aud to create
this liability, three things must be
shown, viz: LIST. That the party has
committed crime in the State
whence he fed.
End. That an indictment has been
found against him or an affidavit
made before q Magistrate OF such
State, charging him with such offence
Sd. That the party fled from
Justice in such State, and is found
here. See Laws of United States
passed February 18th, 1893, Sec. one.
Revision OF Iowa,.Sec. 1921, before
cited. Matter Of Hayward, lst San
ford 7O1. People VS.. Schenck 2
Johns 479 (Clrnton's Digest 1905
Tho State VS., Huftor % Iowa 39l.
Degart VS.. Michael % Carter (Ind.)
S96.
From these authorities it seems 10
be settled beyond any question that
the three essentials above stated must
exist before o person is liable to be
demanded of the Governor of this
State. And our Statute only author.
ICES this summary proceeding where
such liability does exist.
Revision Sec. 1928.
| And when party is sought to be
arrested under proceedings Of this
charactcry our law expressly requires
that the complaint must set forth the
offense. and sach other matters as
are necessary to bring the case with
IN the provisions OF law; and by this
Ills clearly meant that, the information
must contain averments showing the
existence of the three ESSENTIALS above
mentioned, which render person
liable to be- delivered up as fugitive
Does the information upon which
1.-THE petitioner was Committed meet
the requirements Of our Statute p
Clearly not.
1t may we'll be doubted whether
tho information charges any acts
which constitute an otfense agains,
the laws of Indiana. 1t is not averrei
chat they do, nor is any copy Of tn,
Statute Of that State set out in, o1
attached 10 the informatlon; anG
hence we are left to infer that The
acts complained Of do constitute .
crime IN the State Of Indiana. Blu
it the information is good in this re
spect, how 10 1t as 10 the seconG
essential referred to? Does the in
formation charge that an indictment
has been found, or information under
oath filed before Magistrate having
Jurisdiction Of the case {? Certainly
not. The only statement in the in
formation from which this could
even be inferred is the following
"And that on the 18th day Of July
1872. proceedings soas duly institut
ed against said defendant in sale
county OF montgomery, and war
rant duly issusl for tho arrest o
said defendant"
] The sufficlency OF the information
in this respect is very questionable
and we are LETT again to inference, al
to where. before whom, aud in what
manner tho petitioner was charged
with the alleged crime in Indiana. Il
See State vs.. Iutford % Iowa 1896
before cited.) Hayward matter Isl
Sanford, before cited.
live concedc that the information
! by inference and inunnendo is suffi
cicnt IN this respect, il it good as to
=, -. e..A c...H IL,