Omaha daily bee., 1903-02-23
GOVERNOR HAS TROUBLES
Bztradition Law Presents Many Problems
Which Are Perplexing.
UNION LABOR TO HAVE MEMORIAL DAY
Chance for Some Iowa Man to shine
as an Aide to General Corbin
in the st, Louis Exposi-
tion Parade.
CFrom a star correspondent

ernor a. B. Cummins has been disturbed
more with problems relating to acquisitions
from governors Of other states for the
taking OF persons accused of crime out of
the state than by almost any other one
thing. and to fortify himself he has pro-
cured from the attorney general a definite
statement Of what is required under the
Iowa law before a requisition can be pro-
cured. The governor submitted to the
attorney general a case coming before him
in which a woman from a southern state
sought to have her husband taken back
from here on a charge Of bigamy, and asked
for an opinion thereon. In this the attor-
ney general dissects the Iowa law on this
matter and makes plain the course to be
pursued in all such cases. He pointed out
that the AFFIDAVIT Of the attorney general
OF the state seeking the requisition stated
a conclusion Of law and not a fact, in that
it merely stated the man Ia a fugitive from
justice. In regard to what should be done
Attorney General Mullan stated:
There should be attached to the appli-
cation for the requisitlon an affidavit fully
setting forth the facts and circumstances
Of the commission Of the offense, and the
facts, circumstances and time when the
person charged fed from the jurisdiction
Of the state in which the crime is claimed
to have been committed.
There should be a duly attested copy
of an Indictment, preliminary Information
or complaint, made before a court or mag
istrate authorized to receive the same,
specifically charged the person sought to
be extradited with the crime which IL is
claimed he has committed. II an indict-
ment has been found, a duly attested copy
thereof, under the seal Of the court to
-Ag.A IL L. LAA- -A--oA 1kA,I1 - ~
tached to the application. II a preliminary
information or complaint has been filed
before any court or magistrate having
Jurisdiction to try the case upon prelim-
mary information or otherwise, a certified
copy of such preliminary information or
complaint, given under the seal OF the mag
istrate or clerk Of the court, together with
a certificate of such magistrate or clerk,
showing that the same has been duly filed
by such magistrate or clerk, and that the
hearing thereof is pending the arrest or
extradition Of the person charged, should
be attached TO the application"
F%ollbwing these general instructions the
| attorney general advises that the papers
be returned to the state from which they
came and the proper affdavits be secured,
also specific afidavits covering the alleged
bigamy and the fact of no divorce being
granted, etc. This is the second time
quite recently the governor has been COM
PEELED to refuse a requisition on account OF
the failure of the parties to present all
| the facts on which the governor might base
a judgment as to the probable guilt Of the
person sought to be extradited.
Middle on New Trials.
| A disagreement has arisen among the
judges here in regard to the effect Of a
death among the judges on cases he has
Just tried. two or three criminals who
had been convicted made objections to
Judge Prouty sentencing them after they
had been tried before Judge Holmes, who
had just died. Judge Prouty ~overruled
their motions for new trials and sentenced
them. Now that Judge Prouty is off the
bench, Judge McVey holds that one Judge
cannot pass on a motion for a new trial
in a case tried before another Judge, and
the court is granting new trials in a num-
Der Of cases on this ground alone. The
attorneys for the men who we're sentenced
to the peni-entiary are preparing to take
action to get a reconsideration OF their
cases as soon as possible since the court
has changed It's policy.
Labor Memorial Day.
The call for the State Federation OF La
Dor will be issued in a few days by the
state officers. 1t will be held in Daven.
port May -, and 1t is regarded as certain
that there will be a very large attendance
as the membership of unions has materially
increased the past year. The call for fed.
Grafton meeting will also include some.
thing never before tried in the state, ant
that is a special memorial day for the la,
boring people. This has been fixed by tn,
a,tton 90 tka Ra.-4ao- - "a
Cedar Rapids meeting, fixing the date FOL
the first Sunday In June each year. TIL,
call will urge upon all the unions to hole
special services on that date.
Ex-AuditOr Denies.
Frank F. Merriam, ex-state auditor, VIII
was accused by the managers Of the variou
o investment companies of this cit,
who are operating under the insurance law
of the state, makes positive denial that h
ever authorized the counterfeiting OF tn
state auditors seal, and declares that h
did not have any knowledge that II wa
being done. He asserts that the matter ws
not brought to his notice, and he onl
knew that a representative Of a printin
house called on him and asked about tn
eounterfeiting Of official seals in genera
and the auditor refused to make any sue
gestion to him. The present state audito
made an investigation, and found tina tn
Northwestern Life and Savings, the Ma
tional Life and Trust and the Mutual Lif
and Savings were all using the counterfeite
certificates having a printer put the seal
on In close imitation of the genuine. II
put a stop to it. and the companies place
the blame on the ex-state auditor, VIII
now declares he had no knowledge Of tn
fraud whatever.
Tooth of n M~astOdOn.
c The State Historical department has flu.
secured a valuable relic, being a tooth {
tugk of a mastodon dug from beneath Ii
soil twenty-six feet deep in Shelby count,
, This has been restored to its full size /
: the taxideTmist in charge Of the histories
collection. II is, when restored, eight fe,
4 inches long and eight inches through, an
weighs $50 pounds. It is regarded as
valuable specimen and a fine addition
; the already large state collection.
: Aide at the st. Louis Parade.
General H.. C. Corbin has written Go,
ern Cummlns, asking him TO designat
some member OF his military stan as
special aide under CoTbin for the expos
ton parade at 81. Louis on the occasiC
d OF the dedication April 80 next. He d,
sires one from each state, uniformed az
mounted. but the aides must pay their ov
e / eNpenses. Governor Cummina will mama