The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1906-12-08


States Monday decided the habeas
corpus case of Haywood, Meyer and
Pettibone, representatives of the
Western Federation of Miners, who
are now held In prison in Idaho on
the charge of completely in the MUIR
der of former Governor Steunen-
berg. adversely to the men. The
opinion is by Justice Harlan. The
effect of the decision will be TO con
tinue to hold the men for trial in
of'the men involved, Charles H.
Meyer is. president; w. D. Haywood,
secretary-treasurer, and George A.
Pettibone, a member of the Western
Federation Of Miners. They are
now in prison in Idaho. under a
charge of numbering former Cover
nor Steunenberg of this state, al
though II was not charged that they
We're present when the crime was
committed. ,.<....s.s. ss,s
fhe cases came to this court on
an appeal from decision of the
Idaho federal court. refusing to-
grant writs of habeas corpus. The
point of controversy was the meth
cd by (which the Idaho authorities
secured jurisdiction over the men.
All of them are residents of Colo
RADIO, and it was alleged on behalf
of Moyer1 and his associates that
they were kidnapped In pursuance
OF a conspiracy to which the gov
ernor of Colorado and the Idaho
authorities were parties and hence
that's jurisdiction was acquired by
fraud. --~--. -t~.s-..-..-ss
Justice Harlan said that in the ha-
beas corpus in the United States
courts, the method of extradition of
the defendants was not material.
The merits of the cases were not
inuaaxed as sthat phase was not pre-
scented. The only question there in
volved, was the right of the state
courts to proceed with the cases of
which there could be no doubt.
McKenna Dissents. s@rss s.:s,s
Justice McKenna delivered a dis
senting opinion. holding that Meyer,
Haywood and Pettibone had a right
to invoke the aid of the federal
courts to correct improper methods
usedss IN securing their extradition.
He. said that kidnapping under the
law is nosmore to, be justified than
when performed outside the law.
where every effort of authority IL
used to prevent and punish It.
Announcing his conclusion that
the-ABnifed' States circuit court had
jurisdiction In the habeas corpus
proceedings, Justice Harlan said: =
Acts in Colorado Legal.
Looking first at what was al
legged to, have occurred in Colorado.
touching the arrest OF the petitioner
and his deportation from that state,
We do not perceive that anything
done there. however hastily or in.
consfdefately done, can be adjudged
to Rbes 1n@ytoiation of the constttu:
ton or laws of the United States.
He added that the governor of
that state had not been under COM
pulsion 40 demand proof beyond
that contained in the extradition pa
pers. His failure to require indie
pendent proof OF the, fact that PEI,
titf0hef. was as alleged, a fugitive
from justice, cannot be regarded as
an infringement of any right of
the petitioner under the constitu-
ton or laws ofSthe United States,
No Rights violated.
He also said that even If there
was fraud In the methods of remov-
alsPthere had been no violation OF
rights under the constitution.
"If 1t Is true" he added. "as con-
tended by the petitioner that II he
was not fugitive from justice with
inrthes meaning Of the constitution.
no~warrant for his arrest could have
been legally issued by the governor
of Colorado. 1t is equally true that
even after the Issuing of such a
warrant before his deportation from
Colorado. 1t was competent. for a
court. federal or state. sitting in
that state. to inquire whether he
was'fn fact fugitive, and II found
NOT Co. be to discharge him from the
custody of the Idaho agent and pre-
vents his deportation from Colorado.
Rights OF Officers. ..
mo obligation was imposed by
the constitution or laws Of the Unit
edr States upon the agent of Idaho
as to time the arrest of the petition
er and so conduct his deportation