The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1906-12-04
4, ,I"Se hrt of United States
''a' Habeas Corpus
@He of Miners.
,s,,'., ss,a EXTRADITI0N
ie NlSLD NOT MATERIAL
'Eenna Dissents, He
There Can Be No
i kidnapping.

y iTeON, Dec. 3,-The SUI
sts ia !. = the United States today
ha I5Sabeas corpus cases of
pf u ID and Pettibone, the rep
Sas'e the Western Federation
bs, s o are now held in prison
nts 9 charge Of completely in
O, !, FORMER Gov. Steunenberg,
% u sle men. The opinion was
'<.rlan.
A.'f the decision will be to
aS,old the men for trial in
hlh : involved, Charles H. Moy-
Glt; W. D. Haywood, secre-
hff. and George A. Pettibone,
II the Western Federation of
ey are now in prison in
nsy, Idaho. under a charge of
h-3rmer Gov. Steunenberg of
ds,llthough it was not charged
aere present when the crime
ted.
s,ken Up on Appeal.
~ came to this court on an
a decision of the Idaho
mt, refusing to grant writs
EdIrpus. The principal point
IN " was the method by which
NJ thorities secured jurisdic-
,aL . men. All of them are
. M Colorado, and it was al
nrllf OF Meyer and his asso-
s5rey were kidnapped in pur-
6fr conspiracy, to which the
M Colorado and the Idaho
dT.ere parties. and hence that
F--iSras acquired by fraud.
rr rlan said that in habeas
1 b. .dings in the United States
a-lethods of extradition of
Ensts was not material. The
DT cases were not involved, as
! was not presented. The
ma there involved was the
tate courts to proceed with
which there could be no
,kenna delivered dissent
Mnholding that Moyer, Hay
nttibone had g right to in
H. of the Federal courts to
al,per methods used in Sc
aEsxtradition. He said that
| hder the law is no more
X tl when performed outside
nj le every effort of authority
j, usevent and punish it.
D rion of the Court.
hir his conclusion that the
Eetr5 Circuit court had juris-
1osl habeas corpus proceeding,
}, n said:
iortdrst at what was alleged
a h-red in Colorado touching
r,r the petitioner and his de-
I'm that State, we do not
Anything done there. how
or inconsiderately done, can
v,rlto be in violation of the
or laws of the United
AY, That the Governor Of that
Snist been under compulsion
o,d 5of beyond that contained
as1sltion papers. His failure
BDH lcpendent proof Of the fact
q, y was, as alleged, a fugi,
10 rice, cannot be regarded as
on,. mt of any right Of the pc
et tho Constitution or laws
~ States,
Violation Of Rights.
tId that even if there was
method Of removal there
violation of rights under
giion.
ts' he added, "as contend
etltioner, that if he was
~e from Justice within the
HE Constitution, no warrant
! could have been legally
Governor Of Colorado. 1t
We that even after the issu-
pa warrant before his de
pI sm Colorado it was compe-
k1urt. Federal or State. sit
oet ,tate to inquire whether he
n fugitive from justice, and
riait TO be so, TO discharge him
~ stody Of the Idaho agent
HI ms deportation from Colo.
sition was imposed by the
or laws of the United
NJ The agent OF Idaho SO TO
h sfest of the petitioner and
isslis deportation from Colo.
bsF6ord him n convenient on
Tore some judicial tribunal
ii dorado to test the question
"tfas a fugitive from Justice
~ liable under the act of
" be conveyed to Idaho for
Question of Guilt.
it be contended that the
N sitting IN Idaho could
fscharge the petitioner npon
a proof simply that he did
iI1he crime Of murder charged
NJ. Ills guilt or innocence of
IFis within the exclusive IN.
r the Idaho State court
r<a IN the court below was
r. the accused was guilty or
1T whether the Idaho court
TIy be prevented from pro.
vac trial of that issue upon
Et made in the Circuit court
led States sitting in that
: ie petitioner was not n fu.
sot liable, In virtue Of the
-. and laws of the United
arrest in Colorado I'm.
- rant of it's Governor and
Idaho. -
ewing antccedent decisions
~ "a that the principles scr
I'm require an aiiirmance
IL pent Of the Circuit Court, y