New-York tribune., 1910-02-06
Lay WYEkS HAVEDAY
ETTR4DTTTON BILL.
Kuotty Constitutional Prob
Iems Discussed IN Senate
rrror- N. r-.nune Rurssn- J

r-ror- The Tribune Bl1rseuI
Washington. Feb This was asid dsy
FOR the constitutional lawyers ~ The S@n-
ate Soon after the senate met " Vas ds-
cid 70 take up The ralsudar WIN ne
hopa of 9i=Dos5rE of most or the hfty 'r
more bills which rad beer fav0~ably -
ported by committee Almost -he first oiH
taken up was aUtitlsd n Hiil - srnSnd
Section 527s OF the Revised S7st1rpz = va
about to pa=s vffhout cpoc =ifion- whsn
Senator Havourr asked =on7@ quesrtous -
~ the urrp9se Of the pr0eossd legislation
These questions Id 70 explanations. md
presently nearly at the constitutional sy-
7-rts Of the nate we're ENGAGED ID DE-
bate Sena tors Hevburu and Root we've
tn principal critics Or the hill while ~
leading defenders wars Senators Plies.
BaiTsv and Borah The debate lasted 40
long that practically III other business ~ss
shut ont although there Vas 2 short dis
CJ.ssio1 cf susndmsnts 70 the postal saw
ings bank biI just before sdjournment
The MEASURE which engaged the attention
Of the II vvsrs was introduced ay Senator
Pills and aims 70 change the law regard
ing the axtraditiou o3 criminals. 50 that
governors Of states may acr IN exrradition
cases on the basis of information hlsd by
prosecuting officer II another state UndsT
the present law criminals are extradftso
only where IL appears that an Indictment
has been found oy a grand jury The Piles
bill is based on conditions which arose IN
the recent trial OF land fraud cases before
Judge Wilson. IN the state OF Washington
Mr.. Root took the position that the pro
posed legislation was in conflict with the
provision OF the federal Constitution that
no man shall be deprived OF his liberty
without due process Of law. He asserted
that IL would be rnanifesJIy unjust 70 take
q man away from his home and friends 70
stand trial in some other state on the basis
of mere information or a prosecuting Of
hcer who might have no evidence OF his
guilt and was acting suspicion and
run1or- Esxtradition should only De granted.
ne said. on sworn testimony, after a fun
hearing and when an Indictment rad hesn
returned
Senator Borah said that information vas
always based on sworn testimony. and that
f would rest with the Governor OF the
state 20 say whether the facts in the case
as disclosed BY the papers presented u
him we're sufficient 20 warrant the request
for the extradition Of the alleged criminal
He asserted that in many Of the Western
states the practice now Is 70 begin most
cases or fnformatio rather than By grand
7uries.
Mr. Root replied that some or the states
stiH think that the grand jury il a vain
4 bic protection 20 the rights Of A citizen
against hastv action which might deprive
him Of his liberty. He was opposed 70
legislation by the general government
which would abridge the rights granted oy
the states respecting a full inquiry into the
facts before citizen was placed in teop-
ardy.
Senator Piles replied that the United
States Supreme Court has held that per
son prosecuted By Information Il not de-
prfved OF his liberty without due process
OF law He said that when citizen OF New
York went 70 the State OF Washington and
violated the law there ne should be AMEN
able TO the legal practices OF that state
He had no right 70 hide behind the law or
70 assert that a proceeding by information
which was in the interest Of economics
adIrinisJ ton. deprived him ~ his rights
It was apparent that no agreement could
he reached, md a. NIr- P1IeSs suggestion
further consideration Of the bill vas de-
ferTed until Monday