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

| LIE person demanded with having COM
nlitted treason, felony or other crime
In the case of Roberts VS.. Riley. 116
Y. s., page 95, in discussing the ques-
ton of extraditon OF fugitives from
justice from one state to another, the
lcourt uses this language:
1t must appear, therefore, to the
governor of the state to whom such
demand is presented before he can law
fully comply with it; first. that the
prisoner demanded is substantially
charged with a crime against the laws
OF the state from whose justice he is
alleged to have fed by an indictment
or affidavit certified as authentic by
the governor Of the state making the
demand
DR.. Samuel Spear in his work on the
Law of Extradition,' third edition. at
page 5hS, in discussing the elements
which must be made to appear to au-
thorize the extraction of a demanded
! fugitive. says:
First-The prisoner must be demand
ed as a fugitive from justice by the
executive authority of the state from
which he fed, and this demand must
be addressed to the executive author
ity OF the state to which he has fed
and in which he is found"
'Second-The prisoner must be
charged in the state Ms King the de-
rnand with some particular crime as
having been by him committed against
''Third-The form of the charge
must be that Of an Indictment found
/ or an affidavit made before a magis-
trate alleging the crime and state the
material facts which constitute that
crime
"Fourth-The evidence Of such a
charge must be a copy of an indict-
mart or affidavit certified as authentic
! by the executive authority of the state
making the demand"
HFifth-The fact that the person
I thus demanded and charged has fed
from the demanding state as a fugitive
from justice, and is found in the state
/ to which the demand is addressed,
must be shown by legal evidence"
| In the case of eX parte Reggel ia
.. S. at pare $40. it is said: 'Under
the act Of Congress it became the duty
OF the goEernor Of Utah to cause the
arrest # Re~eel and his delivery to
the agent appointed to receive him
VIXEN it an~earel-
'First-Th7t the demand by the ex-
. eoutiYe authority Of Pennsylvania was
accompanied by a copy of Indictment
or affidavit nlade before a magistra te
charFing RegTal with having commit
ted treason. felony or other crime with
IN that state and certified as authentic
by the governor
'Second-Tlat the person demanded
was fugitive from justice"
II appears from the pa per5 which
You have submitted to me, as before
stated. that the prisoner demanded in
this case was in 1897 convicted of a
crime CT felony and sentenced to the
state prison Of California for a period
of twelve years. II likewise appears
that under the laws Of that state, the
board of prison directors were vested
with authority to parole Sylvester, that
IS, to give him "a parole or ticket of
. leave" from the prison, and that such
parole or ticket of leave was granted
! to him. It appears that when he
received this parole he left
the state Of California and came
TO the territory of Utah It also appears
that subsequently to the granting Of
leave of absence by the board
OF prison directors of California, that
for good cause appearing 10 them they
revoked the leave of. absence thereto
fore granted 10 Sylvester, and directed
that he he retaken and reimprisoned
upon the original judgment of convic-
ton under which he was first impris-
oned
It will be observed here that there
is no COPY of an Indictment contained
with these requiSiti0n papers nor Is
there any affidavit made before a mag
fstrate charging Sylvester with having
committed treason, felony or other
crimes. The question as to whether
one VINO has been convicted and has
escaped from the authority Of the state
where ne is convicted and fed to an
other jurisdiction, can be extradited,
is one CT difficulty.
Tho act 0f CA;1 o~acc docs Mt ,,,.o,-;,5o
for the eXtradition of convicted Grim
inal Who may escape, and yet it would
seem that such a fugitive would come
within the spirit if not the letter of the
law.
Dr. Spear. in his book heretofore
quoted from, at page 1873, in discussing
the statute laws Of Ohio on the sub
ject, quotes from that law as follows:
Fugitive convicts shall also be sur
rendered where demanded upon sworn
evidence, duly authenticated satisfac-
tory TO the governor" Commenting
upon this, DR.. Spear says:
The law of Congress does not in ex-
press terms apply to a convict, and it
does not in such terms exclude its ap-
plic3tion to d convict. One convicted
OF crime. and escaping from custody.
does not cease TO be charged with
crime, but the fact of his conviction and
the evidence upon which he might be
arrested and delivered up before con-
Niction, ought to be sufficient after con-
viction"
But it does appear by the reuuisition
made by the governor Of California that
Sylvester is sought to be extradited for
The crime of which he stands convict
ed; but the governor in his requisiton
makes the demand upon the express
ground that c. C. Sylvester stands
charged With the crime of escaping
from the authorities of tba ctata of
California. and from the state prison
therein and refers to a certified copy
Of the law Of California attached to the
papers heretofore mentioned
When we refer to the certified COPY
Of the statute we do not find that it
makes the violation OF parole or ticket
leave of absence" any offense or a
crime OF any sort against the state of
California. but simply says:
If any prisoner so p2roied shall leave
the prison without permission from said
board, he shall be held as an escaped
prisoner ana arrested as SUCH
There is nothing in the reauisition
papers nor the statute of California
which makes the violation of parole a
crime. but simply makes such violation
a cause of rearrest and reimprisonment:
SO that the question recurs: Do the
requisition papers show that Sylvester
stands charged with crime
committed against the laws OF
the state Of California, and for which
his eXtradition is sought? I do not
think they do.
l greatly appreciate the gravity of
the question which you h ave submitted
to me as we'll as the responsibility rest
ing upon You as governor of Utah, in
this matter. On the one hand it is not
only made your duty by the constitu-
ton and the act of Congress to deliver