The Seattle post-intelligencer. [volume] (Seattle, Wash. Terr. [Wash.]) 1888-1914, 1899-06-27

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Esasrd Judge Hsnf0rd 0onslfuds
Extradition Laws.
,aay 40 BACK or oovsaMos.


=. ssnportant point Ia the interstate ex-
.s.1setfon law was construed by Judge
E~rrord in the Federal court yesterday
- Airert opposition TO the late ruling OF
. state supreme court In the haoeas
ys,vus case Of Safest A. Sylvester. the
.snerod North Dakota embeSsasr.
n chat case the supreme court held IN
oie6e shAt on IN application for writ OF
S~fenn corpus the superior court could
s~S =, hack of the warrant issued by the
~wernor Oh this state for the arrest Of an
siIsSed fugitive from Justice elsewhere.
Sn6re HApford rules. however. exactly
~ other way. holding that the Federal
scnrt. ~ least, II entitled to m exam
! zsatIon OF the extrsdition papers submit
~ by the demanding state. and. by i'm
rlscAtIon. has also the power TO review
~ governor action IN issuing the extra
fitton warrant
The renewal Of the night Of Sylvester FOR
,1beYty through habeas corpus proceed
snws. this time in the Federal court, has
"a the result already OF batting and de-
laying until at least next Thursday the
authorized agent Of the state OF North
fSfota. who In now here TO take Sylvester
49, for trial, and may end in pyrotech-
nleaI conflict between the superior court.
The prosecuting Office and Inc Fedsr.i
n
veeter's departure for another year or 30
nh0uId an appeal be taken TO the supreme
court Of the United States.
Sheri9 Planned 10 Leave.
Immediately upon the decision by the
supreme court Of the habeas corpus cases
Haker unsavorable to the three petition
~. a telegram was sent 70 North Dakota
Informing the authorities there that they
could have sylvester for the taking On
6unAay Sheriff Steiner g. Wenass. of Trail
copnty, ~. D.. arrived and planned to leave
NH Sylvester on the $50 train Yesterday
Afternoon
But ia the meantime Sylvester had con-
sulted with his lawyers, r. II. Albertsou
ana james Hamilton Lewis. and prepare
ftons had been made TO block 6yivester's
departure. Early Yesterday morning pa
In were iled in the United States dis
&s1et court praying for a writ Of habeas
eorpna from Judge Hanford on the ground
~ E.oylvesteY vas not a fugitive from
Ss ied . was n not s sa us % any s s.%s
h state Of North Dakota. or any other
3saN. that the papers submitted to Gov.
N06eSe az basis for the issuance Of an
arm ard not in compliance with the laws
~ the United States or az any state. and
were open To numerous other technical
/ fudge Hanford granted the application,
Nn6 sAs6ed a writ al habtAs corpus re-
Aufpabies forthwith. directing Sheriff Van
0e vanter and Sheriff WenAsR to bring
a 0 x o scS sna IL. rssarn
the officers was made and nied. showing
the detention OF Sylvester By. virtue OF
n extradition warrant issued by Gov.
Tcsecutins Assorney John b. I1art then
{sia ana the ]nrisdie,ies q tn the esats to
30 lA< return Mr.. Hart had caused TO
BE- Attached not only certified copy OF
tho d1Aernor's warrant, but also a GER
tined copy Of the opinion Of the supreme
eouys. holding the state Of North dakota
entitled TO the custody of IFS prisoner and
shffmsnx the decision Of Judge Jacobs. re-
fuaing writ OF haheas corpus. He relied
upon these certified copies TO show sUf-
hcieniiy the legality OF sy1yester's Gus
toby.
JsaEe HanfsrA's ,Ruling.
Judge Hanfora. however. ruled that the
Interstate exfradition law. being a Federal
statute. and Federal question being ap-
rarently raised by Sylvester's petition. a
hsaflHg would be proper. Moreover. he
stated that he WAS not satisfied with the
return Of the sheriff. inasmuch az II was
not teted up BY the original papers SUBJ
mlsied 10 Gov. Rogers from North Dakota
The governors warrant itself he held to
b. insufficient basis for the return.
Mr.. Hart assured the court that the orig
Eal papers would be forthcoming and tho
hearing OF the application was continued
Until Thursday morning. In the mean
tine. Sylvester. who for many months has
been prisoner AZ the county Jail IA de-
. care % sheriff Van De vanter. and
sheriff Wenaas viii have an opportunity
g renewing old acquaintance In Seattle.
Ne was here a, the time OF Sylvestsr's ar
rest but went East pending the appeal In
the nrst hsh.as corpus case,
what the outcome OF the Federal court
application for a writ ~ hahcas corpus
VII be r doubt fui Syivesser's lawyers
t4y that tie darsdNA eha
nahtas corpus appeal without giving them
IN opportunity for oral argument on the
many questions raised In their brief They
cain that while the molten for dismissal
o. the appeal might properly have been de-
cfaed out Of term time. 4 Was error tn con-
aatf the appeal on ss merits until next
oteners session Of the court. On that
ffcund they contend that sylvester has
zen denied substantial rights under the
Nevertheless. they admit that Sylvester
Nosta INasAta as a prisoner. and that they
nave ernesst the new haoeas corpus case
parfIsi Difference TO thai wish.
Prosecuting Attorney McFlrcy is more
W tess Indignant at what Ae regards rs
oAty another meritsess snd ssilatory move
sy'ses'ers Part He believes that Judge
asntosa VIII ard the governors warrant
perfectly regular and remand Sylvester 10
the custody os sheriff wenaas
II that Is Judge Hanford's action there
no question. IL IL said thai Sylvester =
esefe VIII lake fult advantage or ali
snrr opportunities and appeal 10 the SUI
Fs~me court OF the United States. In that
Ase an application viii probably be made
y Judge Jacobs fer order that SylSss-
sss remain in taii here pending the appeal.
"a saca case The prosecuting attorney 3
eaTe sill 6eaana from ire supreme court
81 tster shst Judge Jacobs carry out its
mandate giving Sylvester over 10 the
Nafta Dakota ofyYccr
And = jAige Jacobs refuses 10 interfere.
ssake hsnford may ha appealed 10 nv Syl-
ss1crs aueraeys. The opportunities 81
sae sylvester ease fer 5urasdt,tioaal con-
'es q al kinds premise 30 be ample.
IN0l