The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-06-23
Sheriff Collins and
Deputy Held to
Federal Grand Tury
tcontInued From First paoe)


der, as is anticipated, they will take
the necessary steps to bring him here.
Sheriff Field, 1t was stated, is a
party to the alleged conspiracy, being
the one who took Corbin from Florida
to Georgia in an automobile. A war
rant was issued for him at the time.
THE COURTS OPINION.
The opinion of Commissioner Marsh,
in full, is as follows:
United States Circuit Court. Northern
United States of America VS.. John H
collins, Frank Penton. ct als.-Con-
splracy.. Before U. S. COMMISSIONS.
violation of Section 10 of the Criminal
Code of the United States. which is a re-
enactment of Section 55os of tho Revised
as follows:
IF two or more persons conspirs to in
Ju Gi,e, Cypress threaten or intimidate any
OF any right or privilege secured to him
ny the Constitution or laws of The United
states. or because of his having so ex-
erG Ts me same shall be punished, etc
me right or privilege, the free exercise
or enjoyment of which is alleged to have
been interfered with here, Is GAINED to
be derived from the provisions of Section
2. Article w, of the Constitution of thn
United States: Wv
"A person charged in any state with
fee from Justice and be founi in another
state, shall: on demand of the executive
SSs s SSi,Hys Of the state from which he fed
state HAVING q &c re ~ tps tg the
Sections 5a7S and 527s Of the the R selhe
statutes OF the United States. passed in
p wheTeye OF f tar section provide -
any state or territory demands any per-
son as fugitive from justice Of the
which
ned. and produces a copy of an
Indictment found or an affidavit made he
tore magistrate of any state or terri
having committed treason. felony or other
crime, certified as authentic by the gov
ernor or chief magistrate Of the state or
territory from whence the person 60
charged has fed, it shall be the duty Of
me executive authority of the state or
territory to which said person has fed to
cause him to be arrested and secured
ana 10 cause notice of the arrest to he
gwen TO the executive authority making
thority appointed to receive the fugitive
and TO cause the fugitive to be delivered
10 such agent when he shall appear, etc. -
,,,, any asent When so appointed who re-
ceives the fugitive into his custody sha II
he empowered to transport hin, TO fhe
state or territory from which he has fed
The legislature of Florida has enacted
certain laws in aid of this Constitutionai
provision, which are contained In Sections
Florida. as follows:
Section 407s. The Governor. when de-
rnand shall be made to HIM by tine eYecT1
tive of any state or territory of ann fuci
tive from justice. In the manner nTe-
scribed OF any state rterritory Of any
fugitive from justice, in the manner IRE
18th February, 1923 (now Sections 527S
and 5279, r. s. U. 81 shall cause SAID
fugitive to be arrested and secured, etc
Section 1919. When any fugitive shall
be arrested, he shall be Immediately com
mitted to some safe isil or prison,
and said fugitive shall b eziealt with as
by said Act of Congress is provided -
Upon these provisions of the organic
and statutory law of the United States
rest exclusively the right OF ona state IA
demand and the obligation Of the other
state, upon which the damand is made
to surrender a fugitive from justice The
obvious policy and necessity Of these pro
visions was TO preserve harmony between
the states and order the law within their
respective borders and to establish a