The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-10-28
As TO CONSTRUCTIVE GRIMES,
~ RRENDER FOR SUCH OFFENCES
>OT PRINTED ~ NEW YORK.
dodge cullen IN the Court of Appeal.
nuics That q Man Is Not q Fugiti, =
from Justice Unless He Has Been
Hodi', Present When the Crime Was
committed Deportation OF Editors
tor Libel u M Longer Possible.

NOni'N PRESENT Wnen the crime Was
committed Deportation OF Editors
tor Libel i Nh Longer Possible.
J., writing the opinion Of the court in its
c...-ta,. reversing he lower court and
d...tIgug from custody man under
,ri.-' A. . iugitiv" from Justice, on Gov
,.,.rr- rcQuisltiOn. Judge Cullen of the
Cont # Appeals has given considerable
attention to constructive crimes" Ia
c'.HtrEiug The prisoner he holds that a
man - NOT fugitive from justice, for
ig.,t..o- uf ,Ntradition. unless he was
ta.'v m IN" STATE where the crime was
committed At tho time Of It's commission
Tle Judge also says that editors cannot
h. dDp1'icl for alleged libels. and adds
tl,t '.c great trouble nowadays Is not tho
Irrlari"rcv of law. hut tho oversupply
c,s'a'lfo offences.
|, 'ln raso in which the question arose
&c .'r' laws that the relator was arrested
o,i Uo'' "n the warrant of the Governor
,''aI- state, charged with being fugitive
from Justice in Tennessee. where he had
leu charged with larceny and false pre-
isrca. iu Davidson county.
I. was conceded that the reator was
no., IN no state of Tennessee AZ tho time
a. the commission of any Of tho offences
charged against him, hut in the State of
MARYLAND in which was his residence; but
e. a- ronrcndei that he had subsequently
ys'.l tennessee and though not Corporeally
rrr-.a. A. m" time of the commission
81 'r, lFouCc, he might nevert heless he
r-l3.rv surrendered as a fugitive from
,ta .!-' ir,. If thar state whore il was COM
ir '.r
INTERSTATE vs.. INTERNATIONAL Law.
JUG" cullen SAYS that the power of
,I'raiIfiuu Nrt woen the States il Con-
s,,,,'ioual power. and that the States have
,1' the night 10 deliver up the person Of
s"a,a! Offenders a. n matter of comfy
aud favor which exists between nations
in International law. He saws:
Il viii be soon that to authorize or require
aS'4'"ro surrender to another State an alleged
offender II j. necessary not ONLY that such per
son 70 al stand charged with crime. but that
l.. shall 10" from Justice. There
s...r.. 20 In. -ub-tlutia l unlnimitv in all the
sr'huu'i"- ON on" rroposItlol that 70 b"
fugitive 'roW 'u-tic" person must have been
Co-rorativ present III the demanding State
~ tho time vi III" commission Of the alleged
,rur The case and the only case. for
which tho Constitution rrovides, is that OF
,.r.or Who l. CHARGED with crime in one State
and Who rro- 10 and Is found in another State
This the whole OF the case. Spear on
iytrs|i'iou. Mlr The question Of con-
-truo'ivc pr"scrc" AZ the commission of
fr'f.s Ni- 'fFtllfl'lN HrlN'u w INV 'HN' OF
oh,alrirg money or goods bv false pretenCes.
and II has been held that such Presence in
ttr demanding stat" Is not. sufficient. a.
h1.i- for a reGui~l'ion for the surrender of
q r,r-or - A FUGITIVE from Justice. although.
T. NJ. rer~on charged were TO come within
he jurisdiction Of that State. he mirht he
crested and punished for the false prstenceS
Tier. committed while he was corporeally
,.,eVh.r'" Moore on FNtraditon sec. ISL
GOV. HILLS DECISION.
The question. Judge Cullen SAYS. has
hy hn ,irta in,
this State. hut has been considered by
several Of our Governors. In matter of
Mitchell q y. Y. Grim. Rep; 598) will be
found an opinion by Gov. Hill on an appE-
cation for the cx,radition of Thomas
Mitchell
Mitchell was charged with having COM
m.''ed mauslaughter in Jersey City by
reason Of his ownership Of an unsafe build
mc il that place which fell and killed four
persons II appeared that Mitchell had
ra, heen in New Jersey for some weeks
prior 20 the accident. The Governor re-
fused to extradite him, holding that -the
actual presence Of the accused party in
the demanding State AZ the time OF the
commission of the alleged offence Is
Jvr,dic'ional fact,
THO Judge continues:
l.i, view ha. been accented by the Coy;
Tennessee" and Of Illinois It is claimed
in Ndau.- v People u y y. i7ai. The de,
'"udaut Adams Wa indicted and convicted
',r obtaining money under false pretenceS
under Il fraudulent warehouse receipt which
h. 'rar-r .'t"d from Chllhcothe. ~ ono. TO
'n" ,ro.erutpr-. merchants III New notk
frN The ca" IN no respect involved IN"
,I.-'Ior of thr Constitutional obligation OF
o." Governor Of Ohio 20 surrender IN" de-
'.rdHrr fp tho UfGOrlties OF the state OF
y. No~. hut only Of IN" power OF ms
N'.t" 10 punish him after having secured
@Gd rom TFr t2e snp ae"F COURT Of
NO lrit.d state, II wa, OF no Importance
o" ,ao jurisdiction OF his person was ob-
,nIrNrNry VISIT ToA sTNTr.
70 i., r,'Itor was not otherwise subject
81. ,H-r. tiit'or ~ the state of Tenn" sre, be-
l-e W. rot rerii"many pHresrt g IN tr o,l
.ou,",, ui- subsequent presence i, the state
i"- single day, nearly year before me
institution Of any PROSECUTION aHAlnst uitil.
could civ" that state no right 10 require hrs
'"-r"odrr TO question - whether h" -
f.I'.," FROM justice, not whether the
.o. -, of tho state Of Tennessee have luriS-
1.''.on OF his alleged offences. That, Jurls-
1"gn They had a. al tines, u ~ all pro-
Nd"d J'ey could secure his person,
Sam 81 . loss 80 imagine how man yol'in-
tn Visit 20 state can constitute INN 4
fugitive 'rnfn ~" STATE when he was not suCh
before. -. on. consider II ~ having exactly
49,. 'oH'rary 'f'ct. " there br any torc"
mo ne. state but in his falling 70 temalr
'""ro. u - not. however, suggested that
- any rcspccf, offended against r." laws IaMs
,. rr' FOR ~p"citc purpose, ana ms BUSINESS
ACCOMPLISHED Immediately left,
u IL not Pretended that Wis stay was cur
lied or hc lcii the state on account OF any
sE~u.. on o. prosecution. Would h" nave
hseU |al J" 10 oytrIdition beC1rs" on lolr-
r-r 80 New orleans lis route passed through
OIL" state Of TsunrsseeH such result seems
20 m" utterly unreasonable, No distinction
.Iu 20" drawn between the two cases In ~"
u.,r ~ Adams already referred to- m" prs
"H"r ~oug' : discharge from arrest by haheaS
'oru.s and tU" opinion OF IuGg" and'IID.i
of t'r superior Court Of the cry OF New horh
downing g." Application Is found III Law rep
FHgr $50.
Nd7n- came voluntarily in the state later,
and tier making an engagement 70, meet
~" 81 the prosecutors suddenly leIt w"
>'a'o md failed to keep his engagement
Tic decision proceeded on the ground mat
Tho 90 drucc Justified the inference that the
rrSousr prematurely departed rom Tue
STAT" With tho view Of avoiding arrest ana
Prosecution for his crime, The case has not
escaped criticism, though possibly us doc
tim" may bo correct when lmred 10 INC
.fs oI I'm" case that IL to say, departure
from fNc stat" TO avoid prosecution, ot "hlch
l."fr IL no suggestion in the cas-" before US
IN truth however. the questions discussed
h" to Court were not properly before " AT
10 1I.y could have been raised III the state
q. 4. Ip. lH' not in New YORK.
DANGERS IN AN OPPOSITE vIkw'
IN regard 10 tho effect of refusing to
allow tho extra dl'on of he man. and OF
'N" multiplicity Of laws, the Court says