The Wheeling daily intelligencer. [volume] (Wheeling, W. Va.) 1865-1903, 1894-07-10

The case Of Justice Of the Peace
George Arkle was decided by Judge
Jordan, Of the criminal court yesterday.
Tho writ Of habsaI corpus was dis
missed and tho prisoner romanded to
the eustody,of the sheriff. to be by him
turned over to- Sheriff Eelll McPhaull.
Of Columbus county, n. @. Mr. Nc
Phaull took bis prisoner east on The
Baltimore & Ohio road by way oil Pitts
bursh, leaving at 6:25 p. m. At that
moment counsel for Arkls Ware engaged
in arguing before Judge PAUL IN sppli-
cation for writ Of error
II has been many day since any case
in 40 Ohio county court has been re-
Earded with such Intense interest as the
hearing on the writ oil habeao corpus In
this case. When tho court opened yes
tordsy morning the room was crowded,
and 20 II remained In both courts
throughout all the proceedings Of the
day.
convened, and Judge Jordan announced
that he had arrived at q decision. He
read his opinion. which, owing 10 the
unusual interest in the case and the i'm
poriance OF the proceedings, isGiysn in
iuil below.
JUDGE JoRDAE's OPINION.
In this case the petitioner, George
Arkle, files his petition for a writ Of
habeas corpus, alleging that he is lille
Raiiy restrained Of his liberty, md upon
which tho writ Issued. To this writ
the sheriff makes return that no holds
the said George Ankle in custody by
virtue OF a warrant Of arrest issued by
William A. MacCorkle. the governor OF
this state, upon q reputation OF the
governor OF the state OF North Caroiinu,
etc, and on this return the petitioner
asks 70 be discharged.
The motion to discharge raises all the
questions affecting the legality under
the constitution aud laws Of the uuited
States and OF this state OF tho arrest oil
the petitioner, George Arkle. have
no concern with the morality or public
policy of the case. am called on to
consider 1t from a purely legal stand
point. and to view it US q naked, simple
legal question.
1t Is true that in the construction Of
law, where there is doubt as to the
purpose to be subseryed BY tho law
makers, we may taketinto consideration
an existing condition Of affairs and the
demands OF public policy as to such
affairs. But in case OF this kind the
governor OF state cannot act on
grounds OF public policy His power,
and his only power under the law as il
now stands, to cxtradte prisoner from
his slate must be found in tho constitu-
i ton and laws OF the United States and Of
his state. fit is not there, iE does not
exist,
Not only the power, but tho manner
OF It's exercise, is based exclusively on
the constitution Of the United States
and the laws OF Congress passed in pur-
Huunce thereof. Interstate extraditiou
Is regulated By Law. No such power
can ever DO exercised by tho governor
Of a state on tho ground OF comfy, nor
has it ever been in the country prop
orly and legally exercised on such
ground. Comfy may and does afford o
strong reason for tho enactment Of laws
providing for the cxtradition OF crimi-
mails, that they may be brought to justice
and society he thus projected. But We
must look TO the law for tho right TO
exercise this extraordinary power!
Under our federal government this
matter has been regulated, and We arc
not left 10 the uncertainty arising from
an inquiry in one state, into tho partic'
ulars Of an otIenso committed in an-
other. By tho constitution of tho
United States q person charged in any
state with treason, felony or other crimo
who shall fec from justice, and be found
in another state, shall on demand OF the
executive authority Of the slate from
which no fled be delivered up to be
removed to tho state having jurisdiction
Of tho crime.-t COnst. o. s. art. 4, s1e-
ton .,
Cougrcss has enacted that when the
executive authority Of any state shall
demand any person as fugitive from
Justice OF the executive authority Of the
state 10 which he has fled. and shall
produce tho copy Of an indictment
found or an affidavit mado before 4
magistrate, charging the peTson de-
manded with having committed trca-
son, felony or other crime, and certified
rs authentic by tho governor Of tho
state fled from, 1t shall be tho duty OF
the executive authority OF the state fed
to, to Cause him TO be arrested and
delivered 10 tho agent OF tho executive
authority making the Demand u. s.
rtrised aGtutes, section 5. 27S
The statutes OF this state provide
that the governor in any case AUTHOR
lied by the constitution oil the United
States, may on demand deliver over to
the executive Of any other state or tor.
ritory any person charged therein with
treason, felony or other crimo commit
tod therein, aud ho may on application
appoint an agent 10 demand OF tho OK
ecutive authority OF any other state or
territory any offender fleeing from JUS
tico Of this state; provided. that such
demand or application il made in good
faith for tho punishment OF crime and
not for tho purpose Of collecting debt
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