The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1901-10-30
He IS BEATEN AGAIN
OILS CASE IN FAVOR
OF STATE
GOVERNORS ACTION IS UPHELD
Probably Last step i'm Chicago Mans
Long Fight for Liberty-TaIk
OF Appeal to U. S. SUI
preme Court.

AS one of the incidents of long and
hard-fought contest against extradition
to the state of Illinois, Edward McNich-
OILS was defeated in the supreme court
yesterday on an application for his re-
lease on a writ of habeas corpus. The
supreme court affirmed the judgment
of the Ramsey county district court in
denying the APPLICATION. 1t is understood,
however, that the case will now be ap-
pealed to the United States supreme
court
McNichols was first arrested in this
city several months ago by Chicago
detective named Morgan, who secured
his detention by the local police on the
ground that he was a fugitive from JUS
tice, wanted in Chicago for trial on the
charge of having attempted to bride a
juror. No requisitior for his extradition
had at that time been made and an APP
plication to the district court for his re-
lease was granted by Judge Brill. AS he
was leaving the room, however he was
rearreSted by the chief of police and
held until the arrival of the requisition
papers. A hearing upon the validity of
the papers of requisition and other
phases of the case was had before the
governor, and finally upon the advice
of the attorney. general Gov Van SAINT
honored the requisition.
w
who had from the first acted as counsel
for McNichols, applied to the district
court for a writ of habeas corpus, but
the application was denied by Judge
Bum. From that ruling an appeal was
taken to the supreme court, where the
same evidence was presented as in the
hearing before Judge Bum. 1t was set
forth that McNichols' arrest and deten-
ton were illegal. and that the arrest in
tod 70 111f av,I h
detention pending the arrival of the
requisition was. in fact, false inprison-
ment. The validity Of the lequisition was
attacked on the ground that it had been
signed by the lieutenant governor of
Illinois as acting governor counsel
for the prisoner contending that there
is no such officer as an acting gov
ernor."
Under the appeal the supreme court
refuses to consider any of the proceed
ingS in the case prior to the governors
warrant for McNichols' extradition, al
though conceding that the rearrest of
the prisoner after his release by Judge
Brill may have amounted to an assault,
and his detention to false Imprisonment
for which he might recover damages m
a civil action.
The court sustains the governor in his
action, and the Importance which is
attached to this case as a matter of
precedent is apparent in the fact that
contrary to custom written opinion is
filed. The syllabus in the case is as fol-
lows:
State ex rel; Frank Arnold. in behalf of
Edward McNicholS, relator-appellant
VS.. Philip c. JuStus, Sheriff of Ramsey
County and Andrew J. Rohan, respond
entS.
I,o
court, under chapter S27, General Laws
1896, to inquire into the validity of the
arrest and custody of fugitive from the
justice of foreign state detained on an
eXtrad1t1on warrant, held:
/. That this court will not on such pro-
cet1ure extend it's fnquisition beyond the
rendition of the warrant of the executive
Of this state to ascertain whether the
prisoner has been previously unlawfully
arrested or was in unlawful custody at
the time such warrant was served upon
him
2. Under the constitution of the State
of Illinois, in case of disability of the
governor, the lieutenant governor shall
act in his place, and upon the disability
OF the lieutenant governor, the president
pro TEN. of the senate shall act as gov
ernor. Where the duties of the chief ex-
ecutive of that state are supplied by Ell
Their of the constitutional substitutes
above provided for. it is not improper to
designate such substitute as the acting
governor, in which case the attestation
by the secretary of state under the state
seal of such act as by the governor is
proper and requires full faith and credit
in foreign Jurisdictions.
3. Where on the demand of the fugi-
tive the requistion itself certifies that all
papers returned are true and correct
copies, and enc of them contains a GRIM
inal accusation is Endorsed as IAN indict-
ment' signed by foreman as a true
bill, such authorization is a substan-
tial compliance with the acts of congress.
section 527S-R S. u. S. 1878.
4. Where a requisition from a foreign
state had been considered by the execu-
tive of this state, and warrant issued
thereon by him, it is to be presumed that
it was granted upon competent proof that
the prisoner was a fugitive from justice
charged with crime at a time when he
was within the state from which he has
fed.
.. The governors warrant need not set
TO tn facts nor grounds upon which the
same is issued with the same certainty
required in criminal pleadings. If it APP
pears therein that under the federal CON
stitUtion and the acts of congress, the
prisoner is demanded as a fugitive it is
sufficient.s Held further, that the warrant
in this case in these respects was in com
pliance with law. Lovely, J.