The Bennington banner. [volume] (Bennington, Vt.) 1858-1894, 1888-03-29
An Important necIsinn-

Some time since the States Attorney
OF this county made application to Gov.
Ormsoee for requistion upon the Gov.
ernor OF another State to have certain
parties brought TO this State TO answer
to an indictment found against them by
the grand jury, at last June term o!
Bennington County Court.
The charge in the indictment was for
obtaining goods of parties in this State
under false pretences. The false pre-
fences set up in the indictment consist
ed of false statements made as to their
pecuniary ability by the parties obtain
ing the goods to the commercial agan-
cies in New York, whose customers the
parties selling the goods were and who
were induced to sell the goods by reason
Of their false statements.
The Governor den ed the application
and in doing 80 returned herewith a
fine and elaborate opinion of the law
governing such cases. We print below
the opinion which shows that Governor
Ormsbee has thoroughly investigated
the law of the case.
STATE OF VT, EXECUTIVE CHAMBER
BRANDON. September IA. 1887.
EdDdrd l.. Bates Esq States AttOr-
neg Pennington County:-DEAR SIR
The papers make this case "a
peculiar and in some respects exception
al that | have given it some extra atten.
ton and consideration.
First, l have considerable doubt as 10
whether the fac's set forth in the Indict
ment would be a violation OF Section
4l54 of The Revised Laws in view of the
holdings OF our courts on that subject
and the lntlmations to be found in the
opinions.
Second. So far as the Tapers show OF
indicate Cohn has not in fact been in
this State, unless it may be constructive
~. and this being 70. can it be fairly
said that he has fled-* from this State
Or that he Is a fugitive from justice +?
Third, 1t ia said by the Supreme court
OF the United States in Martin vs.. Hun
ter's. |, Wheaton 3O4 as to the
rule for constituting the constitution that
the words are to be taken in their nat
ural and obvious sense, and not in a
sense unreasonably restricted or enlarg-
ed" And Speare on the law of extradi
ton IN applying the words above quoted
says (see pages 800 Applying this rule
to the extradition clause Of the constiiu
ton, as we'll as to the law of Congress
Tor its execution, no one can for mo-
ment doubt that the case, and the only
case, for which provision is made is
that OF person who is charged with
crime in State or Territory. being as
sumed TO be there at the time of the Of
Tense, ind who actually. not by suppo-
sltion, not by legal fiction, not by a
Constructive rendering but pctually in
poin of fact. fees from that State or Ter
ritory, and is found in another" And
this writer, says on the same subject,
further: The truth is that the consti-
tuition contains no provision for the ex-
tradition OF a person who was not pres
ent in the State where he is assumed Ia
have committed a crime, and who has
not actually fled from the justice OF that
State" etc.
And the case Of &c pdrte Smith, 8,
Mclean, l2l is cited as an authoril, and
as to which it is said. IAN attempt was
made to extradite man, on charge oil
crime, into State where he had not
been at all, and from which OF course he
bad not fled, and but for the interp1 PSI
ton OF court discharginR the prisoner
on hdbedS corpus. the attempt would
ha re been successful without the least
warrant for II in the constitution" And
the case OF Jones and Atkinson VS..
Leonard, 30 Iowa 106. is also cited and
seems to be quite in point as to the mat.
iers presently under consideration. In
this case Jones and Atkinson had been
indicted in the State of Massachusetts,
for the crime of cheating by false pre-
lenses with intent to defTtud, which
alleged pretenses were contained In a
letter written by them in the State OF
Iowa to certain parties in Boston, and
on the basis OF this charge the Governor
OF Massachusetts, made demand upon
the Governor Of Iowa for the surrender
OF j. and A., but the court said (among
other things)-"A citizen and resident
Of Iowa who is charged with having been
construcslvely guilty OF crime in anoth
er,upon which a requisition is based but
who never in fact has fed therefrom, il
not fugitive from justice within the
meaning Of the constitution" =
THAT there must be an actual fleeing
we think, is clearly recognized by the
constitution of the United States" And
the Supreme Court Of Alabama In
Meeha's Case Alaba Law Journa
457-came to the same conclusion, anG
say in disposing of the case: The Ian
guage OF the constitution and law oil
Congress is entirely free from ambiguity
on this point, being too obvious to ad.
init OF Judicial construction, and the
authorities are uniform in the adoption
Of this view. as TO it's manifest mean.
ing" The result is that your applica
tion Is denied. have written at length
in view Of the importance OF the sub
ject; and have cited cases and made ex
tenslve Quotations, thinking that yol
might not have the cases at hand: anC
also for the reason that you held an i'm
portant public office, in the adminislra
ton OF the criminal laws OF the State
and are justly entitled to be informed a
to my reasons for the disposition l hav,
made OF the case.
l am, sir, very truly yours,