The sun. [volume] (New York [N.Y.]) 1833-1916, 1876-07-22
JUDGE AND GOVERNOR.
Clearing Up q Little Misunderstn ndina In
Relation TO N Writ.

sO'"fVn y" W N'Ehs
Nathan Ulman was arrested in this city
under an extradition warrant signed by Gov.
1ilden upon a requisiton from the Governor Of
PENNSYLVANIA. The papers In the case accused
Ulman OF false pretences in Leighton, Carbon
county Pa. On Monday last Judge westbrook
granted a writ OF habeas corpus directed to the
Sheriff to produce Uman aud writ Of certio-
rari to Gov. Tden to certify the cause OF the
imprisonment and to produce copies OF the
requisition and afidavits from the Governor Of
Pennsylvania. When the case was reached judge
Westbrook said his attention had been called to
the sending OF a certiorari to the Governor. 1t
was Usual In this district to issue a habeas cor
pus and certiorari to the same person ne tho
same time, and after signing the habeas corpus
to the Sheriff, he endorsed, without at all ex-
aiming, the certiorlri, supposing II was also
addressed to the Sheriff. The petition for
the certiorari," said the Judge, lowing to
the haste and pressure OF business, was not
critically examined. 1t petitions for writ OF
certiOtari under the provisions of the Revised
Statutes. entitled, OF the wrtts Of habeas cor
pus and certiorari when issued to Inquire into
the cause OF detention The ONCE OF the writ
OF certiDrari under this statute IA to bring be-
fore the court officer issuing IL the cause Of
the detention. and 1t Il directed to the officer
having the custody Of the prisoner. As the petit
TONER, tthan Ulman, was not In the custody
OF tue Governor OF the State, the writ Wa un-
advisedly issued, aud should be euperseded. In
making this order am well aware Of the DIFF
ferences OF opinion among me mbers ~ tue pro-
fessun as to the Office OF the writ, when Issued
under the statute above referred to. | have al
ways held the opinion that 1t gives the same and
no other reu edy than the writ Of habeas cor
pus the distinctien being that the former does
not bring the presence OF the individual de
taiued, while tue latter does. The provisions Of
tue statue apply to both, and no greater effect
Is thereby given to the one tn to the other.
lie once Of both writs IL clearly defined by
statute, and though writ called by the same
name-ceriioIsd-is frequently resorted to to
REVIEW adJudicattOns and for other purposes,
yet That circumstance cannot and does not en-
large the function Of the witt when issued upon
petition similar TO this. his order Is made
upon my own notion"
Alr. Ferguson. Ulman's counsel said lie wanted
the eettiorari because his letters to Albany ask
ing for the papers were Unanswered.
Attorney General Farchil1, on behalf Of tho
Governor, produced return, giving copies Of
the papers 90 which the warrant was issued.
The Governor wished to call tue entiOn OF the
Court to what hts Honor had just said that the
writ OF certiorari was not intended for review Of
the reasons for gra utlng these mandates.
judges MestoroOk said IL WAS not necessary,
as the Court mad, OF its own motion, superseded
the writ.
rue hearing was then adjourned to wednes-
day.
The following is the Governors communities
ton:
To re Supreme Court orMe Strte Of Neio York
ma aIHs n Se ~ s ssTtsI " b %r r9r5r com
on lie Su tees d ae tSur 81 e sae
q o New orr tne Co9T u 9se "a ne CIV OF New
Tue Jay and Use OF lmpri, eminent of Nathan man.
1fOm the Governor OF Pennsi ivania nave not the
ss'a Ma nan ulman ~ my us,9dy or unaer my POWER
requsiiun fr. m TIE Governor OF r for the
return 10 That state Oi the tAlu Nathan ums n,
CHARGED Ia rem with tue crime Of obi inlng proper.
Univ N i iS.se pre'Snees, On the cth day OF
! Is ucd y MAJ date tor arrest Of SAID Ma HIN
Uiuan. and for his delivery 10 joseph s. Webb, the
agent ueslSnated ~ The OF tue state Penn
Iania iSr ,hs' hurpose sm not iaiormed shetncr
OF sd equsitiOn anu of tnv psp,rn accompanying
same dtny Win great respect tue rght OF the Court
70 Issue shd witt 81 ccrtorar 10 me, To review VI.
recty my az lon In olsen rging the duty imposed
ne by the Constitution OF the Juled states
spect TO he surre u iusyts from u tlcc.
cam that the court has no IONt In THIS manner
mp Tue produe lou VI the papers n question:
NOtuutdrily submitted. sAhL. ], IILuRx
ALBANY, Juiy q. 1875.