Los Angeles herald., 1892-07-01
RODR|GUERA'S CORPUS.
1t is Discussed Before Judge
Smith,
The Mexican and United States
ExtraditiOn Laws.
The Habeas Corpus Proceedings Yes
terday-Some vivacious Ar
guments on the
Matter.

There was lively legal battle before
Judge Smith OF the superior court over
the habeas corpus proceedings of Man
uel Rodriguera, who is wanted in Sonors
and Sinaloa, Mexico, on two charges ot
murder.
As result of the position taken by
Messrs. Munday and Bledsoe. the terms
of the treaty of the United States with
Mexico have been called into question,
and as the points raised are without
precedent in some essentials, the case is
is attracting a good deal of interest in
legal circles.
The counsel for Rodriguera, Messrs.
Munday and Bledsoe, raised the point
that the requisition papers issued by
the governor were fatally defective, as
they state that Rodriguera is charged
with the crime Of homicide, and that no
such crime ia enumerated as an extra
ditable offense in the treaty. The
section of the treaty in question sets
forth that murder" "parricide," as
sassination. infanticide, and poisoning
are extraditable offenses. Further they
held that Mexican officer, Obando, had
no papers to show his authority.
This position was controverted by At.
torney Frank Howard and Assistant
District Attorney McComas. The latter
held that Obando had filed certified cop
les OF the papers with the governor, and
that the requisition was full and euffi-
cient authority.
Judge Smith-This is an attempt on
the part of foreign government to ex-
tradite subject charged with crime.
do not like to take any responsibility in
this matter, believing that it is matter
for the federal courts to determine.
feel like dismissing the case.
Mr., Bledsoe-Our treaty with Mexico
is a peculiar one and gives you authority
to act.
Judge Smith, do not propose to
make this court ridiculous.
Mr.. Bledsoe-If this was not pecu-
liar and extraordinary treaty the presi-
dent would have to sign the extradition
papers. Under our Mexican treaty the
governors of the border states have au-
thority granted them to act in such
cases. The treaty requires that such
cases shall come through diplomatic
agents, and that is where this case is
defective, for it has not been shown that
Obando is diplomatic agent or any
thing else.
Judge Smith--In that event this court
would have to construe this treaty.
Mr.. .Bledsoe-That is what we want
you to do.
Mr.. Howard-The treaty states that
the governor or highest civil authority
shall have the power to issue requisition
There is no authority given by treaty
that will Justify this court to enter into
an examination of this case.
Mr.. Bledsoe-I say that in this case
the government has made mistake.
The treaty must be construed according
to it's terms, and the treaty, while par
ticularizing extraditable offenses, does
not mention homicide.
Judge Smith-Any crime not tincluded
in the list in the treaty is not an extra
dita5le oAense. No authority has yet
been presented to show that this court
shall construe the terms of the treaty.
There is no such crime known to the
laws of this state as homicide.
Mr.. Howard-Such crime is known
to common law in which this treaty was
based.
Judge Smith, am not constituting
any law but California law, and it is
asked here to extradite a man for an
offense which does not exist under Cal
ifornia law.
Mr.. Howard-This treaty should be
read by construction of the English
and Spanish languages. The treaty may
not technically use the name homicide,
but this word murder is Saxon word
and not found in the Latin. They call
it voluntary homiside in Mexico.
Judge Smith-Well, I'll give you gen.
tlemen until tomorrow morning to pro-
duce sufficient authorities to show that
have jurisdiction in this case and that
i am empowered to construe this treaty.
The matter was then continued to 10
O'Clock this morning.