Troy weekly news. (Troy, Idaho) 1897-1933, 1906-05-04
No Constitutional Right.

accused of the murder OF former Gov
ernor Steunenberg were deprived of
some constitutional right when they
1uere extradited and removed from the
state of Colorado, no candid, honest |
nerson will adopt that view after care
full consideration of the subject.
The United States constitution does
not give any person accused of crime
in one state a right of sanctuary in
another. The only right given by the
constitution is conferred upon the
state, it being given the right to Sc
cure from another state a person whom
II accuses of crime against its laws.
That is the only right. There is moth
ing in the constitution giving man
accused of crime by one state a right
to remain in another and thus escape
prosecution.
The language of the constitution is
that an accused person who shall flee
from Justice and be found in another
state shall, on demand Of the executive
authority of the state from which he
fed, be delivered up" The language
of the statute is somewhat unfortunate,
but neither the statute nor the consti-
tuition contemplates that men planning
a murder in one state while residing in
another shall find sanctuary in the
state where they chanced to be at the
time.
When the constitution was framed
broad principles were laid down, and
it has been the duty of congress and
the courts to apply those principles
to all manner of conditions. The
courts aim to arrive at the intent of the
constitution. To insist that men who,
while in one state, may have planned
murder in another should be exempt
from prosecution by the state in which
the actual murder was committed would
be absurd.
No one will seriously claim that the
trainers of the constitution intended to
grant men sanctuary under such cir
cumstances as are alleged in this case.
Yet, because the trainers of that
document did not foresee the possibil-
ity of such a case as this and make
specific provision by which to meet IT.,
it is claimed sanctuary is granted. Had
the convention desired to establish
sanctuary under such circumstances;
had there been any reason why it was
deemed wise to afford men an oppor-
tunity in one state to plot murder in
another without being held to account,
it would certainly covered the point,
and set that right forth in plain words.
Technically these men were in oui
state, if the charge against them Is
true. They are charged with having
committed the murder, and they were
regularly extradited and are regularly
held. Under our laws they are pros
ecuted as principals, and the courts
are not going to hold that, because
they were not corporeally present here
at the time of the actual commission
of the murder, they were entitled tc
sanctuary in Colorado. 1t has beer
held over and over again that the
courts will not inquire how the state
secured accused persons and brough
them from another. In other word
Idaho is legally in possession OF these
men. 1t is no doubt fortunate that The
question has arisen in the prominen
manner of this case. 1t serves to cal
attention to the incongruity of th'
contention that men are entitled t.
sanctuary in another state under tn
circumstances of the case, and tn
courts, in passing upon the matter
will give US a construction of constitu
ton and statutes that will harmonic
with common sense and the interest
Of justice, for all time settling thl
point clamorously raised by those VIII
deny the right of this state to pros
ecute men accused of this murder
In delivering these men up, it wa
the sovereignty of Colorado, repre-
sented through its executive, thu
acted, and the courts will not hol
that sovereignty had no right to tax
such action. Moreover, when the hin;
opinion shall have been written, the1
will no longer be any posslollt.
through hair-splitting, to claim th'
sanctuary is afforded under our const
tuition and laws to men accused
crime, whether they stand on the Or
gan side of the Snake river and sho
a man on the Idaho side, or, sitting
Denver or St. Augustine lay plans I
the murder of a citizen OF another sta
and send hired assassins to do Il