The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1897-11-23
CONSTITUTIONS "BETWEEN
FRFNDSO

Timothy Campbell, a representative
in congress from one of the Tammany
districts of New York, solicited of
President Cleveland some executive &C
ton, to which the latter replied that
the constitution would not permit it,
"Ah Mr.. President" graciously re-
marked Tim. what is a little matter
Of a constitution between fri'nds ?''
There have been several instances Of
late years which indicate that COVER
nors of states take Campbell's view of
constitutions and laws, and do not per-
nit them to come between them and
the security of their friends The gov
ernor of Missouri refused to honor the
requisition Of the governor of Mime
sofa for the extradition of one Of the
James gang, and Gov. Tanner, of Hill
nois, thought it rested in his discre-
tfon whether he would permit the eX-
tradition of Haney. Now we have the
governor of Minnesota calmly ignoring
the constitution of the United States
and the law Of his own state and re-
fusing to issue his warrant for the ex-
tradition of two citizens Of this state
demanded by the governor of New
York, because, as he stated to the rep
resentative Of the state of New York,
the men wanted were his friends.
Of the merits of the case we know
nothing and care less. 1t is no more
the concern of the governor than it is
ours. There is no authority anywhere
for a governor to enter into any con-
sideration of the merits of any such
case and determine whether an offense
has been committed. The constitution
entrusts to him no such judicial power
or function. He is an executive officer
simply. The facts were that the extra
dition papers were in due form; that
they charged a felony under the laws
of the state Of New York; that their
issue had been contested before the
governor Of that state, and after in
vestigation, in which the accused were
represented by attorneys and the mer-
its of the case gone into, Gov Black
decided that a crime under the law of
his state had been committed and that
a demand should be made for the sur
render of the accused. This was re-
fused by Gov. CIough because the per-
sons indicted were his friends, and for
no other reason stated that is Of any
validity.
AS the state of Minnesota may have
occasion to ask of the governor of New
York the surrender of offenders against
the peace and dignity of this state,
and as the attitude Of Gov. Clough may
form a precedent for a refusal to honor
his warrant there, thus defeating JUS
tice, an examination Of the procedure
in such cases is necessary in order to
see if Gov. Clough is justified in assum-
ing any discretion to shelter his friends.
The constitution of the United States
is very explicit. Section Of article 4
provides that amy person charged in
any state with treason, felony or other
crime, who shall flee from justice and
be found in another state, shall, on de-
mand of the executive authority of
the state from which he fed, be de-
livered up to be removed to the state
having jurisdiction of the crime" Sec
ton 1 requires that full faith and
credit shall be given in each state to the
public acts, records and judicial pro-
ceedings Of every other state" 1t will
be noted that section 2 is mandatory,
not permissive; "the person charged
shall = be delivered up"
Section 1855 Of the Statutes Of Mime
sot, 1894, provides that, when a de-
mand is made upon the governor by the
executive of any state for the delivery
of a person charged with a felony or
other crime, the governor shall forth
with investigate the ground Of the de-
mand or cause any county attorney to
Investigate and report the situation and
circumstances Of the person so de-
manded, especially" as to whether he