The star and Newark advertiser. [volume] (Newark, N.J.) 1908-1909, 1908-12-26

E
ing these men to be reliable. reputable
citizens of the city of Seattle and Of
the State of Washington, [ said that l
would not attempt under the circum-
stances to hold Archer in confinement,
even had l the power to do so. Later
while in the city of Spokane. ] was
called to the telephone by a Mr.. Mann
OF Seattle, who said he was attorney
for the New Jersey authorities, and
requested that | reverse my action on
the strength Of your telegram of De-
cember l.. which / declined to do.
"The foregoing constitutes a recital
-of the facts of which l am personally
coRnisant. l infer from press reports
That you consider my action arbitrary
Jor iii-advised, and not in conformity
with the ~extradltion law. IL you have
entertained that belief. upon reconsid-
Grafton, you will, In my opinion, change
your Views.
Evidence Insufficient.
"In. considering the requlsition for the
rendition of Archer from the State OF
washington 10 the State of New Jer-
sey to answer for a crime he was al
legged to have committed. I felt 1t was
my duty TO afford him AN opportunity
TO show that he was not a fugitive
from Justice. Archer having made at
least a.prifna facie showing that he was
no q fugitive, ] felt | was entitled 10
a. summary in affidavit form or other
wise OF the facts and circumstances
upon which your excellency based the
belief that Archer's acts were criminal.
In my Judgment, you prosecutor and
agents offered a wholly insufficient
showing in attempting to explain why
Archer had not been ap~prehended and
arrested until six years had elapsed
since the commission of the alleged
offense, ever c~onceding that originally
there was merit In the States case.
II do not challenge the veracity of
o u excellency or of the prosecutor
who prepared the papers. However, be-
fors granting extradition, l felt 1t to be
my duty as Governor to extend to a
citizen OF my State that Measure Of
protection which he was justly entitled
to receive. when I asked for a brief
statement of the facts and circum-
stances In the possession of the New
Jersey. authorities that form the basis
OF the conclusions contained In your
telegram as well as in the extradition
papers. N.Y. attitude, In this respect Is
In e~consonanee with the contention of
Senator Gallon, who, while Governor OF
Illinois, In 1873. used the following a n
guage ir refusing extradition In the
case, Of Giaffigan and Merrick:
'''7'34 Must Know Facts.
T".Ali indictments are presumed to be
seriously intended. but 1t frequently
happens that prosecutions are instituted
which the officers of Justice, familiar
with the facts. have very little faith In.
When such prosecutions are suffered
ia .siumber for a. number of years. In
spite. OF the facts that the accused could
easily be found and brought to trial, 1t
So impossible to resist the conclusion
that no. conviction was ever seriously
expected. OF course. the Governor OF
the State. when applied to would Issue
bis requisition, however stale the pros
ecution, but the Governor on whom the
demand is. made 's bound to look into
all. theyfacts, and afford reasonable pro-
faction to the, people,.
by denying the ~extradition o ask,
am mindful that my act is in effect a
refusal Of the State OF Washington, for
the time being at least, to deliver
Archer to. the, State of New Jersey
This refusal does not, however, make
the State of Washington q haven for
\ law-breakers or an asylum for crimi-
halls. The Citizens of Washington are
law-sbiding people. 1t has not been
cessary to call upon the National
nk.Qf this State to enforce the Law
nEe been Governor; neither
synching nor any gen.
In, against the suprem-
I presume that during
ice I have honored as
tum of the acquisitions
as has the Governor OF
e in the Union. How
is made by me upon the
Missouri and other States
ased, and the denial OF
executive was based, as
!. upon the principles ]
let forth.
Justice Certain.
& at any time entertained
Archer would receive JUS
ourts of New Jersey. MY
that In the administrator
hder the extradition act tht
Washington has the san1c
has any other State in the
extending the protection tc
citizens. When this cast
TIED, ]. believed, and I believe
neither positive lay nor con.
s founded upon justice re-
ye surrender of Archer. Wher
ed the duties of governor
Tired to take an oath to sup
Constitution of the United
d the laws thereof and the
! n and laws of the State OF
n. IL owe a duty to the State
Jersey Under the extraditior
d, on the other hand. i have
o perfnrm toward the MtikE
wfeState which no law requires
violate. In refusing to render
her to the authorities of New
I have attempted to perform my
JUSTICE SWAYZE SITS FOR
CHIEF JUSTICE GUMMERE.
N--@>~ e To- C-o, II-LoIJ