Wheeling register. [volume] (Wheeling, W. Va.) 1878-1935, 1882-07-21

are not IN evidence here. The Governor
has considered and acted on the question
whether he was fugitive, for he must Be
taken to have done % preliminary to issu-
action and reverse it because the Judge
might come to q different conclusiouf A
1 crave question. The Consultation impoees
/ on each State the duty Of surrendering 10 .
| SISTER State yiolators Of the law. Congress
passed an act in 1793 pointing out the
! authority to execute this duty. 1t selects
for this function, not the judiciary nor the
Legislature, but the Executive authority.
| II says: whenever the executive authority
of any State demands any person Is fugi.
tive from justice, the executive authori.
ty of any State to which such person
has filed, and produces copy OF the in
| dictment found, orsan affidavit made before
magistrate of any State, charging the per
son demanded with having committed
treason, felony, or other crime, certified Is
| authentic by the Governor or Chief Magis.
trate of the State from whence the person
so charged has fed, 1t shall be the duly OF
which such person has fed, to cause him
| to be
Arrested and secured
and sent back, ETC. Here Congress has Sc
lected one Of the three great departments
| of the State Government to discharge this
| function, stated plainly when and under
what circunds stances Il shall oct. me Gov.
ernor, the chief of the Executive Depart.
ment determines whether the proper evil
| idence 10 before him; whether the facts ex-
| ist calling for his action. True, Governor
may err or abuse this great power. So
might Court But this grave duty Is
TO that high officer, the Governor; not to
the judiciary, but.to the gubernational OF.
flee, which in America has almost univers-
ally been filled by citizens distinguished
for learning and integrity. Where
else could II have been more safe.
'ly lodged? 1t is not the function OF
passing on the guilt of the accused. That
Is for the courts Of the State where the Of
fense took place. 1t sayors OF the execu.
tive office, that OF carrying out provision
designed to compel criminals to answer. Is
his vction TO be reviewed by courts in their
details? Is his arm to be stayed in such
important relations with other States by Q
re-inyestigation of all the facts which he
has considered? The Governor OF one State
under the act decides that man is fugi-
tive from justice and should be called to
answer; he lays the case before another
Governor, and he decides that he has fled
and the case is proper one for his return.
IL All This 10 be Reviewed
and court to decide he had not fed, and
that both Governors were wrong in so de-
Gliding? ] cannot think so. / think that
on this question of the flight Of the party
the action OF the Governors is conclusive,
and the warrant Of the last Governor Is
the highest finding Of the fact, and closes
that question on court. II he has erred
or acted without all the facts before him,
the remedy is an appeal to him to revoke
his warrant, which he has power
to do. ! do not intimate
high office in this State has erred, for | do
not know what facts were before him, and
/ take it his action was correct.
In South Carolina, In 1914, 1t was held
that demanding apprehending and con-
veying away fugitives under the Constitu-
tion and laws are
Ministerial Acts.
wholly entrusted to the arrangement and
discretion of the executive; that the max
ing OF the demand, transmission OF the pa
pers, mode OF their authorization, their
validity and legal operation are exclusively
of executive cognizance. And where per
sons were before Judge Of that State on
babeas corpus by order Of the Governor OF
South Carolina, 10 be delivered to New
York, and their discharge was moved on
various grounds, the judge held he had no
power to discharge them, and that IL must
be considered case excepted out OF the
habeas corpus act Of the State by the Con-
stitution and laws of the United States.
Chief Justice Booth says: "If the re-
turn sets up the fact that the party Is q fu.
gitiye from justice, that he was demanded
as such and arrested and committed
for the purpose OF being surrendered,
| the only inquiry is, whether the proyis-
ions of the act OF 1893 have been complied
with.
"If that ftct is shown by the return and
warrant of Executive authority under
which he is arrested, IL constitutes a just
and legal cause for his arrest and deten.
stitution and laws Of the United States and
the act of 1898 to demand, arrest, commit
and surrender fugitives are
ExclueiveIy Vested
in the Executive authority Of the State
| from which the fugitive has escaped and
| that of the State where he has taken refuge.
| The warrant of the Executive. under the
| great seal of the State, reciting the facts
| necessary 10 give him jurisdiction OF the
| case, would, in my opinion, at the hearing
| of the habeas corpus be conclusive eyi.
dence of the existence Of those facts, of his
| Judgment in relation TO them, and oil q
compliance with the Constitution OF the
| United States and act OF Congress. No in
yestigation. therefore, in such q case, can
be made beyond the warrant OF the TX.
| ecutive, and no investigation into the
| facts and circumstances OF the al
| legged offence The case would not 10
within the habeas corpus act OF the State"
| This is strong language from the Supreme
| Court OF Delaware, do not see any. weak
ness in IL, and though am aware thsrs v
a conflicting case in Iowa. iE absence OF
home authority to the contrary adopt IT,
| as II seems most reasonable and avoids the
/ danger of having every court overthrow the
solemn act OF the Chief Executive.
should add that the Superior Court OF New
York City expressed great doubt "whethsr
on babeas corpus they could look behind
| the acts of the Governors OF Ohio and new
| York, and inquire whether there vas aufi-
Gent ground to authorize the reQuisition
Of the one and the surrender OF the other,"
See Hurd on habeas corpus, els.
| There Are Cases
where relief may be given q" .ii ....beas corpus.
% where the "'". ...o,ps 1, void, the papers
are fsrged or procured by fraud, or DC. ..sps
where The papers on their faee show that
the requisites of the oct OF Congress have
not been complied with ;bus certainly notfor
mere error Of judgment Bouvier says .
court may discharge where the proceeding Is
void. But who will say this Is? The Su-
preme Court Of Ohio says the Court may
discharge where party never was In the
State, or where papers are forged, or are
uu :,.S!!r face calmly insufficient Thirty.
two American reports, 345. But The power
of the Courts in the matter is, and ought
to he, thus narrowly restricted.
! This cause Is grave one. II involves
| the rights OF States and the solemn ques.
tion whether citizen Of . respectable fam
| lily shall be taken from home and family 70
| face the stern ordeal Of 3 criminal trial In
Another State: but ii has been ordered BY
| thR highest officers Of two States under ths
Contribution and laws Of the United States
| and Of this State; and that authority must
| be obeyedR RThe prisoner IL remsnded 10 the
custody Of the Sheriff to be secured snd
dealt with a. in the Goyerpor's warrsnt
commanded.
POLITICAL Black MAIL.