The Florence tribune., 1897-10-30
mcoRDs LETTER.
His Reason for Refusing to Extradite Fred
 G.:HuGhes.

the Governor oi Souorafor the extradi- tion of Fred 6. Hughes: ~ '
 OFFICE OF THE GOVERNOR.
 PHOENIX, ARIZONA, October 20, 1897. To R. .N.LEATHERwooD, Eso., Sheriff of
 Pima County, Arizona. Y
 Dear sir:--L have considered the mat ter of the application for extradifion papers for Fred G. Hughes, who is said 10 be in ths state of Sonora, in the re- public of Mexico, and asking for his arrest in said state and transmission therefrom to Arizona as fugitive from justice upon two separate complaints and warrants thereon made before Charles F. Meyer, justice of the peace cf Pima county, Arizona, on the 14th day of October, 1897 ;which complaints were sworn to by William ]. Scott on the l4th day of October, 1897. M
 Lind that one of these complaints charges tho crime of embezzlement. and the other c6mplaint charges the crime of forgery. "''-ds-.siA s.s ez: svIs's'
 By. extradition treaty between ths United States and 'tns'.e Republic of Mexicos exchanged at the City of Mex. ico, May 20, 1882, it is provided that certain persons, charged with crimes and being fugitives. from justice, should, under certain circumstances, be reciprocally delivered up; and ind that in Article 8 of said treaty, the crime of forgery" including the forg. ing or making, or knowingly passing or putting in circulation, counterfeit coins or bank notes or other paper cur. rent as money with intent to defrhud any person or persons, is one of the crimes; and also "embezzlement of public moneys" is one of the crimes for which extradition may be had. r
 The complaint upon which you de- sire extradition of Fred G. Hughes for the crime of embezzlement makes aI- legation that the embezzlement was of three territorial warrants, and the property of the Arizona Pioneer Histor- ical society. The allegation there fore being that the property was other than public money, but being the private property of the Arizona Pioneer Historical society, would seem to take the case ut.of this treaty of extradi- tion, as the treaty of extradition ss to embezzlement only includes the embez- clement of public moneys. In view ot that fact, as governor of this territory, I would not be justified in asking for the. extradition of Fred c. Hughes for the embezzlement of the property of the Arizona Pioneer Historical society, or under showing which has yet been made. s~@
 In considering the matter of extrada- ting Fred c. Hughes for the crime oi forgery, wish to call your attention to Article of the treaty aforemention- ed, which in it's full text is as follows, to wit: a3
 "It is agreed that the contracting parties shall, on acquisitions made in their name, through the medium of their respective diplomatic agents, de- liver up to justice persons who, being accused with crimes enumerated in Article 8 of the present treaty, com. mitted within the jurisdiction of the requiring party, shall seek an asylum, or shall be found within the territories of the other. Provided, that this shall be done only when the fact of the com mission of the crime shall be so estab- lished as the laws of the country in which the fugitive or the person so ac- cused shall be found, would justify. his or her apprehension and commitment for trial if the crime had been there committed"
 I also call your attention to the ale gations in the complaint; for, in my judgment, the allegations of the com plaint and the showing that is made would not be sufficient for the gover- nor of the state of Sonora, or the part ies there in authority in such matters. to deliver up Fred G. Hughes on the complaint as made or the warrant as issued. And in this connection, let me call your attention to the following facts concerning the complaint:
 First. No specified time is alleged as to when the offense was committed. It is made in the aiterastiFe ,sas having been committed in April or May, 1897.
 There is no allegation as-to the in- tent to defrand the Arizona Pioneer Historical society, or any one else.
 Third. There is no allegation as to who ". c. Davis and .Ssbino Otero are, or what relation they sustain to the Arizona Pioneer Historical society; it not appearing from the complaint that they have any relation to the society, or that their names, either true or false, attached to the warrants des- cribed would render it possible for any- one to receive the money upon the warrants.
 Al