The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1906-12-04
HABEAS CORPUS
DENIED BY COURT
Meyer, Haywood and Pettibone
Will Have to Stand
Trial in Idaho.
ONE JUSTICE DISSENTED
MERITS OF THE CASE WERE NOT
INVOLVED.
Special 10 The HeraId.O

W Dtt. Ill lie OAlAlCN
States supreme court today sustained
the decisions of the United States cir
cult court for the district Of Idaho, and
the state supreme court of Idaho, deny
ing application for writ of habeas
corpus made by Charles H. Meyer.
George A. Pettibone and William d.
Haywood, charged with conspiracy to
murder the late Governor Steunenberg,
of Idaho. Judge McKenna dissented.
The effect Of the decision will be to
continue TO hold the men for trial in
Idaho.
History of the Case.
OF the men involved, Charles II.
Meyer is president; w. d. Haywood,
secretary treasurer, and George A. Pet
tibone a member of the Western Fed
Grafton of Miners. They are now in
prison in Canyon county, Idaho, under
a charge of numbering former Governor
Steunenberg of that state, although Ii
was not charged that they were present
when the crime was committed. The
cases came to this court on an appeal
from a decision of the Idaho federal
court, refusing to grant wTitS of habeas
corpus. The principal point of contro-
versy was the method by which the
ludDO SECURED JuiiSNllCNiOih
over the men. All of them are residents
of Colorado and it was alleged on be-
half of Meyer and his associates that
they were kidnapped in pursuance of a
conspiracy to which the governor of
Colorado and the Idaho authorities
were parties, and hence that jurisdic
ton was acquired by fraud.
Opinion of the Court.
Justice Harlan said that the method
of extraditiOn was not material. The
merits of the cases were not involved,
as that phase was not presented. The
only question there involved was the
right of the state courts TO proceed with
the cases, of which there could be no
doubt.
Justice McKenna delivered a dissent
ing opinion. holding that Meyer, Hay
wood and Pettibone had right to in
woke the aid of the federal courts to
correct improper methods used in Sc
curing their eXtradition. He said that
kidnapping under the law is no more to
be justified than when performed out
side the law, where every effort of au-
thority is used TO prevent and punish it
Constitution Not Violated.
Announcing his conclusion that the
United States circuit court had juris-
dictiOn i'm the habeas corpus proceed
lllE- JUSTICE IIdlldll Sdlu
Looking first at what was alleged
10 have occurred in Colorado, touching
the arrest of the petitioner and his de-
portation from that state, we do not
perceive that anything done there
however hastily or inconsiderately done
can be adiudged TO be in violation of
the constitution or laws of the United
States"
He added that the governor of that
state had not been under cOmpulsion
10 demand proof beyond that contained
I'm the extraditiOn papers. His failure
to require Independent proof of the fact
that petitioner was, as alleged, fugi-
tive from justice. cannot be regarded
as an infringement of any right of the
petitioner under the constitution or
laws of the United States.
He also said that even If there was
fraud in the method of removal there
had been no violation of rights under
the constitution.
Not Fugitives From Justice.
1T is true" he added, ''as contended
by the petitioner that if he was not
fugitive from justice within the mean
ing OF the constitution, no warrant for
his arrest could have been legally is
sued by the governor of Colorado. 1t
Is equally true that even after the issu-
ing of such a warrant before his de-
pOFldIlOh from 0OlOIduO, II was cOmpe-
tent for a court, federal or state sit
ting i'm that state, to inquire whether
he was in fact a fugitive from justice,
and II found not to be, TO discharge him
from the custody of the Idaho agent
and prevent his deportation from Colo
RADIO.
mo obligation was imposed by the
constitution or laws of the United
States upon the agent of Idaho so to
time the arrest of the petitioner and so
conduct his deportation from Colorado
as 10 afford him a convenient oppor-