The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-05-08
CAN'T REQUSIIIOE PACKERS
.o IORI ~ DECIDES N CASE
OI D. OGDEN ARMOUR.
D,,,.ror I,t, tut the Other western
P,,Lrr, Indlrird ~ Itusison County
,.r.pd JurN I!SNcTNSr HOlds Mhat
,,m,ur I,nt Fugitive FFOm Iustice.

traul ,lurN tsoNeFuor hoadla altlAA
,,m.ur I,nI Fugitive FTom Justice.
r,t.... y J.. NAY Gov. Fort
..-... .a,v the application Of Prose-
,... ....., p Garyen II Hudson county
&c.. .. r-rinn Tor the sKtraditiOn Of
.u.. ,ruHIr. Who u wanted 10 answer
rr nrnt charging him and several
,,r.ri.., II besf packing companies
,rp . .urary tn raise the price Of meat
I'd .sr.r food prcducts. The refusal Of
a.. t,..--urr Nas based on the ground
d., ~ Armour - not a fugitive from
t,.,.. a., regards the Indictment found
,,7.r.. nun by the Hudson county Grand
Jury
ire is.rsun IN tho Armour case will
Any ur,l Il a refusal by the Governor
o.. ,..,ir acquisitions u Lewis T. swift
,n3 fira7i Morris. both Of whom are
A--r'.r- IA the National Packing Com
c,pv % ..ldulou N their places on the
Az. r.r,tc " swift a TO. 4 Morris 4
a., Th. circumstances surrounding the
md, t-ssrt. " swift and Morris were
riapr 4, wth those In the Armour case
.t,.tt hai Armour. having passed
,h-1rgH NeW Jersey on his way TO and
f-m Fgr,ps during the period covered
bv ,he niirtm"nt. uHcred an opportunity
~ gl.lrnlng tina, IN had He'd the state
This ,1nteut,un the Governor held was
uithru' merit lnasmuch a. Il ha6ShOt
h..u -huWn that Armour's presence in
Nau Jersey vas In any way related to
he alleged conspiracy NJ anything moro
,ssp mere incident Of his European trip.
iva, admitted by the Governor that
,h- rrfiutnent Indicated the commission
Of. crime hv Armour and his associates
vhp-h might be punishable u they were
p-,p--, vi'hin the jurisdiction II the
STATE Under a proper construction IT
VI T@deral Constitution and statutes q.
boEevcr. the Governor aid that three
facts must tfhrmativaly appear bafOr@
a -eouisi,i1u could legally bs issued.
Vrst ha >ud u must b shown that a
psrs1n n UhArgsd with treason. felony
~ other rhine secondly. tho persun must
have aed from iIistice, aud thirdly. tho
peraon -o rharged and uhn shall hava
AAd must os found in an0ther State
In tho present Instance. al the
Governor m refusing the requisition.
~ ogden Armour - charged With con-
spacv Nv an indictment which hsaTa
mon Ne face allegations which II proved.
you'd ID an probability 10 deemed sum
cent N a trial court. and. therefore. he 10
for tbs purposes Of this procedure -chaTge
w'h 'Nason. felony or other crime.
ms cnnoeded that when sought 20 answer
II person upon this indictment he is
found within the Stale " lllinO,a- The
question remaining 20 b. considered is
vs-ther he has IN fact ned from the
ysrice II the State Of New Jerysy-
showing that tho indictment consisted
81 tVo parts. the alleged unlawful agree
weni letween the various corporations
- 4 7ectors involved and the Overt act
hv Oh ca this conspiracy was alleged To
have zen accomplished. the Governor
T. q that these parts were separuble and
stinCt as 20 time. eKcept under the
grusra charge that the offence was con-
ruuous Ne held that IN the broadcast
frrcrpretatiOn the status Of Armour
must depend upon his presence or alb
sonce 100 this state AZ the time alleged a.
N the formation Of the unlawful COmhina-
uun " greement or at the time Of the
overt act. ne showed that there was no
.. denCe IN the case showing that Armour
- here at the time the overt acts we're
,Hr-mitted IN discussing the question
u1s'her the finding IN the Indictment
hat the oven acts continued from day 20
1lv and that the pressnC. ~ Armour N
HIhoken during this period vas suiiicieut
t1 make him nov a fugitive. the Governor
I'D
While " is perfer'ly true that upon he
rHIofths Indictment the prosecution ouid
nut be limited 20 the dates named IN tho iu'
di,tment. n must te considered ~ estab-
iahed both by rca.un and authority. that
the defendant - entitled TO regard tho-s
dates o. material fpr tho purpose u e-tab-
lshing his status With rrfsrenoe 10 the e1-
tradition process unless proof b. ofster
that the crime vas committed 80 another
date. u Witch he may have notioe. OF 'ha'
hn presence within he State with refer
sncs 20 any continuous crime ~ another
date than that mentioned vas under such
circumstances a. 20 estab the reas1na HE
Inference Of hts presence within the suite
'or some purpose connected with the Grim
in4l act IanRuag 90 in an indictment sum
cent for purposes Of trial may be too IN
asAnits and general 70 form a basis for an
ca tradition charge
In all the casss which have cons idered
d which II WAS attempted 70 show that The
pFsseucs Of a nerta Ia person within a State
h. reference 20 part ioipatiOn in q criminal
49,. vhsre on one side u was attempted 20
'mpute participation Ia rruuiua. act and
On he other 70 shoW that such presence
vss merely casual or IN he course of bust
ns-- m no way connected with the criminal
49, ths facts appea ring Of record have been
mU more complete sufficient ~ any nte
70 ~ ss a question argumentatiNely a. 20
vlstheT such presence was or vas not In
"a under such circumstances that par
u.lpation IN criminal act vas AZ least =
rsssona bio Inference
% the present Instance The proof h 10 rTcn
~ shy facts from which an inference could
b. iawu a. % the purpose Ol The visit 81
" Armour 20 HObOken except that ~
A-.ng passage upon the transit .antiC vessel
srr OBJ! returning therefrOm To attach
r. .u.h condition Of presence within this
= .- he tnferenoe Of participation IN the
-r M act charged IN the indictment -.
p GEMS 70 me. impossible. In yi@r NJ The
'ss~- 70 uhiCh the courts have rrf'i-"d 20
r1ns 9-f the pressnce Of an indiyd
u".rH 10 state a. connected with criminal
o. .-u the details Of such visits. their
..l.nu snd their character have h"~n
-|r Inhibited
20 -ugg-stsd a. the hearing on 'h,s
.lu that the Governor would nor
'r-.r t- 10 vould an application Tor the
.-.r.a. ~ an alleged fugitive from II--
.. another state upon requin'ion
..~ HY the Governor % that other
N ara ~ loss 20 zee the difference
r4 p- Tie same rule Of law should
"a applying Governor IN issuing
-- .fI0u tH4r governs the action Of a
'.s-.r 10 surrendsring fugitive upon
Oh. .. fli ~ mother state. II would De
.. issue requisitiOn upon the
.r Y' another State with Which h.