The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1894-06-14

II.
remarked Turnkey Jamison, of Sar
Quintin prison, in the governors Of
fee yesterday afternoon, when the de-
cision of his excelleacy in the case OF
c. c. Sylvester was made nown.
Mr.. Jamison left San Francisco last
Sunday, armed with -equisi-ion pa
pers for Sylvester, who had been ap.
pretended at Ogden, and on his arrival
here demanded the prisoner. Sylvester
was not willing to return, however
and after going over the ground, Gov.
erncr West submitted the whole mat,
ter to United States Attorney .iudd fol
an opinion. The case presea-ed was Z
novel one, and the attorney gave il
careful attention, the result Of his OK
animation being embodied in the fol
lowing important and interesting cpin-
ion, which was submitted 10 NE soV-
ernor yesterday afternoon:
JUDGE JUDD'S OPINION.
Office OF United States Attorney. salt
Lake City, June 18th, 1894.
Hon. Caleb W. West, Governor OF
Utah:
Sir:-I am in receipt from you o.
certain eWtradition papers from the
governor of the state Of California de-
manding that by your warrant YOU
cause to be arrested and eXtradited
from the territory of Utah to the state
Of California, one c. C. Sylvester, upon
Wn1ch You request my opinion as to
y hether you should, as governor, issue
y2ur warrant Of eXtradiIion.
Inc case is in many respects pecu-
li5r, and, in order that l may give You
an Intelligent opinion, Il will be nec=S-
ssry 10 make a statement OF The facts
as they appear from the papers now
before me. The requisition OF the gov
error Of California recites as follows:
Whereas; II appears by the an
neXed certified copy of AFFIDAVIT OF
Warden Hall, warden Of San quentin
prison; certified copy of r. T. Devlin;
certified copy of judgment and SEN
teEce; certified copy of the minutes Of
the prison directors regarding parole
of said c. c. Sylvester; certified copy
Of ticket of leave or parole Of said c.
c. Sylvester, and letter Of the Hon.
Robt. T. Devlin, president, state board
of directors which certificate is au-
ThenJic and duly authenticated in &C
cordance with the laws Of his state,
that c. c. Sylvester stands charged
with the crime Of escaping from the
authorities of the state Of California
and from a. state prison therein, under
and by virtue of a parole or ticket Of
leave granted said Sylvester, a Certi-
fed copy OF which said law is hereto
attached. committed in the county Of
Marvin, in this state, and it has been
reported to me that he has fed from
the justice of this state and has taken
refuge IN Utah territory
Attached to the requisition is a copy
of the statute OF California, approved
March %. 1898 being the one referred
TO in the above quotation. the statute
creates a board of prison directors and
gives them power tc establish rules
and regulations under which certain
prisoners, under sentence, who may
have served one calendar year Of the
term for which he is convicted, may
be allowed to go upon parole outside Of
the building and enclosures. but to re-
main while on parole in legal custody
and under the control Of the borad Of
state prison directors and subject to
be taken back within the enclosure Of
the prison upon the directions Of the
board of directors. The concluding
portion Of the statute is as follows: IF
any prisoner 50 paroled Should
leave the state without permission Of
said board, he shall be held IS an es-
capped prisoner and arrested as such
There is likewise q. paper attached
to the requisition, signed by Robt. T.
Devlin, president Of the state board Of
directors. May Z, 1894. which shows
upon its face that for satisfactory rea
SONS the board revoked the parole and
sEirected that the said Sylvester be re-
taken and imprisoned at the state
prison of San Quentin.
There is also attached to the requisi-
ton a certified copy Of the judgment of
conviction Of the said Sylvester, which
shows that in a superior court Of Tolo
county. state of California. September
49, 1887, the said Sylvester was con-
victed of felony and sentenced 70 i'm
prisonment in the state prison for the
term of twelve years.
There is also an affidavit OF w. z.
Hall. in which it is stated that he is
warden of the state prison at Califor-
MA, at San Quentin, and that he said
Sylvester, being a prisoner in said
prison, under the judgment heretofore
mentioned. was on the 23rd DAY of
March, 1899, in virtue of the act of the
legislature, heretofore quoted from, for
tie government Of parole prisoners. al
lowed TO come and go upon parole out
size of the buildings and enclosures Of
the state prison: and that on the 9TH
day OF May. 1894. the board of direc-
tors of the state prison, for satisfactory
reasons, revoked said parole and or
dered that said Sylvester be retaken
and be imprisoned at the state prison
OF San Qentin.
Much more appears from the papers
now before me, but it is believed that
the foregoing statement is sufficient
for the purpose Of deciding the ques-
ton as to whether under the law. Won.
as governor of Utah, should honor the
requisition from the governor Of the
state Of California.
The provision OF the constitution of
the United States upon the subject Of
extradition of fugitives from justice
from one state to another is as follows:
"A person charged in any state with
Treason, felony or other crime. who
shall flse from justice mad be found in
another state, shall, on demand of the
executive authority of the state from
which he fed. be delivered up and be
removed to the state having iurisdic-
ton of the. crime
That statute. passed by the Con-
gress of the United States for the mr.
pose Of carrying that provision of the
constitution into effect, is found at sec
tion 5,27S Of revised statutes of the
Jnited States, and is as follows:
Whenever the executive authority
of any state or territory demands any
person as a fugitive from Justice of
the executive authority Of any state or
territory to which such person has fed.
and produces a copy OF an Indictment
found, or an affidavit made before a.
9n9 giStrate of any state or territory.
charging the person demanded with
having committed treason, felony or
other crime. certified as authentic by
the governor or chief MAGISTRATE
Of the state or territory from
whence the person so charged has
fed: it shall be the duty of the execu-
tive authority Of the state or territory
10 which said person has fed to cause
him to be arrested and secnre6 and To