The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1900-07-12
GOV. LIND IS CONVINCED, AND RE-
FUSES TO GRANT EXTRADI-
TION PAPERS
SUSTAINED BY DOUGLAS
Attorney General Advises the Cover
nor That His Power Is Supreme
as to Judgment of Good
or Bad Faith.

Chas. P. Packer, of Illinois. now in
proceeding drawn by Cook county Off
Gals with embezzlement. will probably
enjoy his liberty, as long, at least, as he
remains in Minneapolis. The case has
been pending before GOV. Lind for some
time. The governor Is convinced that
there is malice behind the prosecution of
Mr.. Packer, and has refused to honor
the requisition of Gov. Tanner, of Illinois
He will, however, hear additional evil
dence, but it is in 70 wise likely that
this will swerve him from his asserted in
tention. His position based upon the
opinion given by Attorney General Doug
las, which deals with the question raised
by Mr.. Packers accusers that the gov
ernor is not vested with discretionary
power in the matter of fonoling extradi-
ton papers, but that his duty is impera-
tive. Before finally refusing to honor
Gov. Tanners requisition this matter was
referred to the attorney general, who cites
the law on the question, which rather ia
vors the contention made by the Illinois
people, but in giving a number of cita-
the governor has the best of It, The SUI
preme court decisions bearing upon the
subject also support the governor in his
refusal to turn Mr.. Packer over to the
Illinois authorities. A United States SUI
prerne court decision holds that 1.-The ex-
ecutive or authority of a state upon which
the demand is made should be satisfied
by competent proof that the party is SO
charged" etc. The governor believes Mr..
Packer is being prosecuted.
Gen. Douglas, after citing numerous au-
thorities, writes in his communication:
/ call your attention to the recent case
of the requisition of the governor of Ken
lucky upon the governor of Indiana for
the surrender Of EX-GoV. Taylor as a fll-
gitive from the state Of Kentucky such
requisition being supported by Indictment
of the grand jury.
In the case of the People vs. William
II. Vinal, the governor OF Massachusetts,
refused to deliver the defendant as a fu-
gItlVe from Justice to the authorities of
the state of New York, upon requisition
of the governor of that state, and as
signed as his reason therefore his ina
bility to satisfy himself that William l..
Vinal was a fugitive from justice. a
hearing having been had which took the
examination back to the formal docu-
ments in the case and going somewhat
into the merits of the prosecution.
In short, the courts of the country have
refused to recognize the contention that
the executive of state is vested with
any discretionary power or judgment in
extradition. The duty is held to be i'm
per@tive, but a mere moral obhga ton.
Custom has established a rule which
has been followed by the chief executive
In almost every state of the nation, which
sanctions the refusal on the part of such
official to grant a warrant Of extraditfon
under circumstances which clearly indi-
cate an absence of bona fides in the pros
ecution. In this matter the chief eXecu-
tive of the state is supreme. He Is not
vested with the legal right to refuse to
issue his warrant Of eXtradition upon the
proper showing, but has the power to do
so, and the exercise of this power in
cases of mala fides seems to have been
commended by our supreme court.