The Cairo bulletin., 1911-05-01
ON KIDNAPPING LIKE
~ TO BRING ON LONG AND
HEATED DISCUSSION.
COURT DECISIONS Vary
Under Constitution Non n-Resldent Of
tenders Can Not BE Brought to
Justice-kldnaping the
Only Way.

Washington. April 30.--Intimation
that resolutions will be introduced IA
noval to California or alleged con.
spirators connected with the Los An.
geles dynamite outrages has aroused
a peculiar interest at the capital Whc'
resolutions are presented an instrur-
tive interchange Of views Is probable
with the argument that the constitution
ought to be changed with respect 10
refugees from justice advances
against the demand for federal laws
to prvent "kidnapings" like that re
Gently brought to attention in Indiana
In the senate where 1t Ia thought
either Senator Kern or Senator Shiy-
ely OF Indiana will offer some resolar
|tlon on the subject, the situation Is
renderd especially interesting by the
fact that another senator, Mr.. Borah
CT Idaho, Is the inventor" OF the sys.
tenn employed to get John j, McNa4
mara away from the Jurisdiction 0i
ltEe IIoosier state. In the cloak rooms
there has been some Eenatoriai joklng
about 'infrlngemnt Of patent. 's Mr.
Borah, as prosecutor in the celebratei
Haywood. Moyer trial a few vars ago
devised the kidnapping" scheme II
get Haywood out OF the state Of Colo
lrado,
Tn peculiar tumble OF legal deei
sions bearing on the cases now exc,t
ing national interest is forming
matter for particular discussion
among lawyers in congress Since tn
sensational arrests were made earle
in the week there has been porini
lever the statutes and decisions, thi
Interest having been accentuatel
since the likelihood OF making an is
sue of the cases here was suggeted
The supreme court of the Unito'
Estates in three or four decisions ha
laid down certain legal principle
which, when taken together, produce
a most peculiar situation as to tn
actual operation of the laws. Or
principle was laid down in what !
known as the HYATT case, coming t
the supreme court from New Yor,
In this case the court held that ma
could net be extradited unless physi;
Tally in the state where the crime wa
committed at the time the crime Wa
committed.
In what Is known as the Mahon
case, coming from Kentucky, the 81
prcme court laid down the secon
principle, which is that II the demant
ing state gets hold of man al
takes him within its jurisdiction
whether by force or fraud or othe
wise the supreme court cannot II
, lquire how he got there or offer hil
Iany remedy. The court also held |
| the same principle in the Haywot
case. From these decisions it follow
that II man Is member of a col
lsriracy and never has been in a stat
lwhere a crime Is committed he news
: can be tried for that crime IL he gel
la hearing before the courts in III
state from which 1t Is desired to e
tradlte him. This has led in practit
to the preventing OF hearing befoi
the courts whenever 1t can be don
In the recent case at Indianapol
they got the prisoner out OF the stat
before 1t was known he had been d
lrested. In the Haywood case II
prisoner was arrsted in the evenir
land kept under close confinement VI
| til next morning before move. wi
lrade to get away with him. But ca
was taken in the meantime to keep Il
arrest a secret and the alleged Co
, spirator incommunicado.
1t is the opinion OF some studen'
LOT the situation, who have heeon
. livery much worked up over the 0ceu
renee within few years OF cases en-
eracing so many striking features !
: common, that any action to be take
by congress should lie in the directio
Tor changing the federal constitutio
with respect to refugees from justic'
II change be not made, 1t Is Z
: clared, and unless force or farud Z
some equally unpleasant but eifectis
means be mployod to get possess.o
of conspirators under certain cond
tions, no punishment ever can b