Arizona republican., 1906-03-19
THE WHOLE WORLD
 A CITY OF REFUGE
For Fugitiv-s From Arizona Who
 Once Pass It's Boundaries.

Among the matters heard in dis trict court on Saturday was the ,ie- murrer of the territorial auditor to the petition of Frank Murphy former sheriff of Pima county. against the auditor to compel him to audit a claim of the petitioner for his expenses in cured in the return of John J. Har- court from California to Tucson two years ago.
 This is a test case for the settlement of a most important matter. Not only will the validity of the petitioners claim be finally determined but it will also be determined whether a fugitive from Arizona is safe, once he is out of the boundaries of the territory whatever his crime may be.
 Formerly, in cases of this kind the expenses of the agent of the territory were paid by the county from which he was sent. It was decided not so very long ago that there was no war rant for the payment of such claims by the counties; at any rate. there is nothing in the statutes authorizing such payment and il is a well estab- lished principle that silence of the statutes does not give consent for the disbursement of the public funds.
 In the argument on the demurrer. the petitioner was represented by Charles Blenman of Tucson. who re- lied on the following two paragraphs of the penal code under the title Pro ceedings Against Fugitives From Jus tice:''
 When the governor of the terri tory in the exercise of the authority conferred by section 2 article 4 of the of he by the laws of this territory snail de- mand from the executive authority of any state or territory of the United States or of any foreign government the surrender to the authorities of this territory of a fugitive from justice, the accounts of the persons employed by him for that purpose shall be aud ited by tne territorial auditor and paid out of the territorial treasury
 No compensation, fee or reward of any kind can be paid to or received by d public officer of the territory or other person for a service rendered in procuring from the governor the de- mand mentioned in the last section for the surrender of the fugutive or for conveying him to this territory or de- taining him therein except as provided for in the preceding section"
 These paragraphs are exactly the same as those of the California code but there is an additional paragraph in the Arizona code on which the ter ritory relies in this case. It is as fol- lows:
 "The governor of this territory may in cases authorized by the constitu- tion and the laws Of the United States. appoint agents to demand of the exec utive authorities of other states or territories or from the executive au- thority of any foreign government any fugitive from justice or person charged with treason; and the accounts of the agents appointed for that purpose shall. unless otherwise directed by the governor, be audited by the territorial auditor and paid out of the territorial treasury"
 In this case it has been otherwise. The claim of sheriff Murphy was first presented during the administration of Governor Brodie, by whom the demand for the return of HarcOurt had been made: At the time of the issuance of the warrant Governor Brodie had be- lieved that the expenses of the extra dition would be borne by Pima county, as these expenses had always been borne out of those counties where the presence of the fugitive had been de- sired.
 1Alcll stS HOW Nitt ttllllOlN III Al0- lending itself against the claim of the sheriff stood upon the following para graph of the warrant:
 All persons are therefore requested to permit the said agent, at his own proper cost to remove the said John F. Harcourt and to transport him, un- molested into this territory, the said agent peaceably and lawfully behav- ing; the territory not to be liable for any expenses incurred in the pursuit, arrest and return of said fugitive, eX- cept as may be hereafter approved by executive authority"
 This matter was gone over very fully on Saturday by Attorney General Clark for the territory and by Mr. Blenman for the petitioner. MT. Blen- man said that under paragraph 1902 there was absolutely no other way by which the sheriff could receive com pensation than from the territorial treasury.
 Judge Kent indicated q desire to find a way to grant the writ He said that MT. BIenmans presentation of the matter had been very fair and reason able and a very unfortunate condition would confront the territory if it