The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1886-02-11


granted upon the information and
petition of the Acknowledgement,
which stated in effect as follows:
That on the 2Sth of Feb, 1885,
while John Mccarthy was Clerk of
the Supreme Court of California, he
appropriated five hundred and fifty
dollars, the property of the State of
California, thereby making himself
guilty of the crime of embezzle-
ment; that on the 18th JAN, 1886,
the Grand Jury for San Francisco
found true bill in the Superior
Court of San Francisco against Nc
earthly, for embezzlement; that
bench warrant issued out of that
Court for his arrest; that he left the
State of California on Jan. 2nd, and
is now in Honolulu, and that re-
quest for his arrest and extradition
to the authorities of California had
been made by George Stoneman,
Governor of California, upon the
Hawaiian Government. Wherefore
the Attorney-General, at the in
stance of the Minister of Foreign
Affairs, prayed that the Chief JUS
tice should make an order to the
Marshal for the arrest of Mccarthy,
and his safe keeping until he might
be delivered into the custody of an
officer of the State of California, if
so ordered upon hearing, and that a
time and place for such hearing
should be designated.
The Chief Justice prescribed bail
in $1,000, which was furnished by
Hon. w. G. Parke jointly with the
accused, and hearing was fixed for
IL this forenoon, before Chief JUS
tice Judd in Chambers. At that
hour and place the hearing was fur
ther postponed until half-past two
O'Clock this afternoon.
At the hearing this afternoon Mr..
w. A. Whiting opposed the granting
of an order for McCarthy's sur
render, claiming that the Court has
not jurisdiction, on the following
grohnds:-
1. That the warrant issued sets
forth no crime or accusation of
crime.
2. That the crime as alleged is
embezzlement, which is not extradi-
table.
3. That the demand is made
through the Governor of California,
and there is no authority for the
Governor to make this demand.
4. That the affidavit of complaint
is made by the Attorney-G General of
this Kingdom, who cannot properly
and legally make such complaint
nor be complainant therein.
Mr.. Whiting held that the demand
made by the State California is an
assumption of power vested solely
in the Federal Government, and
read the regulations of the United
States Executive concerning pro-
cess to be taken in cases of extradi
ton, and further contended that tn,
jurisdiction of this Court is limiteC
to an enquiry whether crime hat
been committed and whether sucl
crime comes within the terms of tn,
treaty.
His Excellency the Attorney-Gen
eral delivered an able and lengthy
argument, to show that it is an in
alienable right of a sovereign power
not to exclude from its shores per
sons charged with crimes in othe
countries; that the right to surren
der such persons exists in ever,
sovereign power, but that the obi
cation to surrender criminals exist
only under certain conditions. Tn
Discrimination of governments Il
surrender persons charged with of
lenses in other countries has led Il
) those conventions by which govern
, ments mutually give to other power
the right to demand the surrende
of persons charged with crimes o
, certain specified degrees. All writer
on international law maintain tina
! it is the inherent right of ever,
autononic state to deal with crimi
/ mails who have taken refuge in thei
e territories, and whether statutory o
! treaty obligations exist for the pur
pose or not, to deliver up such per
sons. The Governor of Californi
: had perfect right to address a re
quest to the Government of thi
i Kingdom to surrender Mr.. McCarth
n to take his trial in that State, an
the Hawaiian Government has tn
y undoubted right to give HIM up if
d chooses to do so. 1t is unnecessar
y for the Court to consider by whol
). the requisition has been made; it
q sufficient that requisition has bee
). made. With respect to the con
: plant having been made by the A
Il torney-General, he had to say tn;
d the requistion having been pr,
9 sented to the Minister of Foreig
Il Affairs, the Minister had committe
q it to the Attorney-General, by him