The Pensacola journal. (Pensacola, Fla.) 1898-1985, 1910-06-23

ernor on interstate rendition proceedings.
In re Roberts "a. Fed. Rep. 1872.
As is well understood, writ of error or
appeal may be taken from the highest
court of a state to the supreme court OF
tine mte he s Xadtv n rs o IN
an authority exercised under the United
States. and the decision is against their
or immunity ait T is Claimed under the consti
tuition or statute of the United States.
and the decision is against the right,
these provisions, appeals have been main
tanned In the supreme court OF the United
States from the supreme courts of the
lions for writs of habeas corpus, con-
testing interstate rendition proceedings.
Hyatt VS. &c Corkran supra and m Munsay VS.
court says: "The fact that this ques-
ton (the validity of his restraintl was
may be said to confer jurisdiction on this
court, because. in making this claim, the
defendant asserted a right under treaty
assertion was we'll founded or not, This
court has jurisdiction to decide IL. The
in court and required 10 plead to an IN
dictment, as it would have stood upon
writ Of habeas corpus In California, or Il.
the progress of his oxtradition to test
the authority by which he was held
In the case of Roberts VS.. Reilly. lis U.
D.. at page 81, the supreme court CUHcs
closer to the problem in this case than
in any of the foregoing citations. Speak
ing OF interstate rendition it said. how
state upon whom such a demand has
been made, by virtue Of his warrant,
causes the arrest for delivery of a
of another state, the prisoner Is held in
custody under color Of authority derivec
from the Constitution and laws Of the
the judgment of the judicial tribunals.
whether of the state or OF the Unitet
se by tRe w of hs
imprisonment"
From these declaration of principles it
h appears ar that f1ggpI; sr9 IN
has removed, has a right to demand that
the extradition proceedings comply with
vadtS b2 pston for and wr Of
corpus. Is this a right or privilege. Sc
cured to him by the Constitution or laws
of said section 10 of the criminal Code?
EVERY right created by, arising upder
or dependant upon the Constitution of the
forced by Congress by such means. etc,
the object" Logan vs.. United States,
whether oreat tsi By the constitation. Or
only guaranteed by it, may be protected
by Congress. stramler vs.; West Va, 19e
Peter 5$ $Ss u Rsd St. States Hs Keese g
U. S., PA Where the Constitution deals
with a subject matter. either as lin
abridge certain privileges. or. as a. limita
ton upon the states in their legisla ton
upon the subject. then all rights; priv
arising out of a specific declaration either
OF right or immunity, are; within the
mesnng Of 49, III b,. Code
the Constitution or laws of the United
States, United States vs.. Lancaster ct
ais, a Fed. SS5. In re cruikshan6' % z.
651. Strauder vs.. West Va, 100 Y: S.
800. Notes VS.. U. s, 17s u. S. ASS. Where
state legislation is ENACTED a,, in furtfer-
the tSs'e Citizen theFeunder is based upon the
SsTfa aRs 4H e g. hs s's &C. LAY"
msfly ,s section Sses & ). T; :, ,I has E;
P Psrte Yar Ssen g. s. vs. Keese Logan
vs.. United States. supra, and Notes VS.:
United states; IFS =. g 45s; United
Upon these authorities I am led to the
conclusion that Felix Corbin. while under
arrest in the extradision proceedings In
the defendants officially, was constitu-
tionally clothed with the right OF insist
ing that he should not be surrendered to
the Governor of Georgia by the Governor
of Florida, except in pursuance of the
Act OF Congress above cited, and that be
Tas entitled to re,ease from arrsSf IN
dite him to Georgia. accomplished IN a
manner not provided for by said Act OF
Congress, and that this was q, right and
tuition and laws of the United States
while he was in custody in Fl9rida' ana ana
that any sspy sn o T. this En Rh aas
a violation OF the provisions Of said sec
ton - of the Criminal Code OF the Uni
Eaviawinr the evidanee az adduced in
this hearing, it appears that Felix Cor
bin had been indicted in Georgia for the
crime OF assault with intent to murder.
gia had requested the Governor of Flor
ida to honor a requisition for his extra
o o6nEi thereWith ISSUED his eNtradi-
BIN on Nay g. 1910, by J. II. Collins, as
Thomas Field. one Of the PARTIES charged
Georgia to receive and transport the said
was Rad snt fHI T IN the eren
court. First Judicial Circuit of the State
of Florida, in and for Santa Rosa eoun-
OF, was heard before the court commits
sioner, having Jurisdiction under Sections
2o2s and 2o2s, General Statutes Of Florida
on May 81 In the course of these pro-
ceedings 1t was held by the commissioner
that the Governors warrant was not
sufficient authority in a law to the hold dris in
oner, Felix Corbin. owing to certain de-
fects not here commented on. and he
was, by said COMMISSIONS, ordered dis
charged from the custody Of the defend
ant herein. This order under Section N
like force as If allowed by the Judge,
and could ON motion, be confirmed, quail
fed or set aside by the Circuit Judge.
The evidence shows that the Commits
sioner announced his decision verbally in
the presence of the defendants, Collins
and Field, and in short time thereafter
made up a written order and signed 1t,
formally discharging the defendant Cor
bin, from custody Hereunder, and handed
this order to the defendant, Collins, to-
gether with other papers in the case TO
be given into the custody Of the Clerk Of
the Circuit Court for fling and entry.
This order has disappeared from the. files
of the case, was never received and re-
corded by the clerk, and disappeared
while in the custody Of the defendant,
Collins. The prisoner, Corhin, seems
never to have been discharged from Gus
tody, as required by this order, but was
taken before justice of the peace on
another warrant issued by said officer.
charging the defendant with being fugl
tive from justice, etc, where he was al
lowed bail in the sum Of $4,000 pending
further proce edings. Within an hour or
the time of this order and within four
hours of the time the Court Commissioner
made his order discharging the prisoner.
Corbin. the defendant, Collins, surren-
dered the prisoner to the defendant. Field,