Pierre weekly free press. (Pierre, S.D.) 1889-19??, 1911-06-15
PETITION TO THE CONGRESS

PETITION TO THE CONGRESS
The following resolutions were unani
mously adopted by Pierre Local, South
! Dakota. Of the Socialist party. at /
regular meeting held May;
Whereas, John j. McNamara, secre
tary-treasurer Of the international AS
ISOLATION Of Bridge and Structural Iror
Workers, was arrested in Indiana on 8
warrant under the hand of the governor
Of California, on the charge of murder
committed in California. And,
Whereas, Said Mcnamara was not
taken into court having jurisdiction,
rs commanded by the governors war
rant and the laws of the state of Indi-
ana, but was taken from the said state
without legal authority, and without
giving said Mcnamara an opportunity
to resist extradition, as required by
law and the warrant under which he
was arrested. And,
Whereas, 1t now appears that there
is no evidence tending to show that said
McNamara was in California at or near
the time in which the crime of which he
is is charged is claimed 70 have hbe;,i COM
mitted, and that his presence in Cali
fornia. by which the courts of that state
claim jurisdiction, could have been con-
structive only. And.
Whereas, By Section 1858 of the Re-
vised Statutes of the United States, and
the rulings of the courts thereon, a per-
son charged with crime, must have
been actually and not merely construc-
lively present in the state in which the
crime was committed, and at the time
thereof, and that he must actually have
fled from the state, in order to be flu
gative from justice, and to be extra
dited as such. And,
Whereas, The supreme court of the
United States has ruled that federal
court will not raise the question, on
writ of habeas corpus, of how person
came into the jurisdiction of state
court. after he is already within such
Jurisdiction. Be it therefore,
Resolved, That it is the opinion of
THE local that the extradition laws of
the United States as interpreted by the
courts, place premium upon the crime
OF kidnapping, and make it a safe and
sure method of taking person accused
OF crime from state having actual
jurisdiction to one having construc-
tive jurisdiction, when such person
could not be legally extradited. And,
be it further
Resolved, That congress should SO
amend the extradition laws as to make
kidnapping useless, by making all con-
victions void whenever tits shown to
federal court that the defendant was
not actually present in the state of the
trial court at the time that the offense
of which he is charged, or convicted,
was committed, and requiring federal
courts on writ of habeas corpus to OK
anime into the question of jurisdiction,
as well after as before extradition or
kidnapping is accomplished. And, be it
further
Resolved, That in our opinion such
cases as McNamara's and that of the
officers Of the Western Federation of
Miners have tendency to cause the
common people to look with contempt
upon all branches of our government,
and especially the courts, and to widen
the breach between the employed and
employing classes, along lines that may
end in civil war neighbor against
neighbor throughout the whole nation.
Wherefore, be it further
Resolved, That we respectfully petit
ton congress to fully investigate the
kidnapping of Mcnamara, and if possi-
pie return him to Indiana for trial, and
to SO amend the extradition laws as to
prevent judicial kidnapping in future.
And, be it further
Resolved, That a copy of these reso-
lutions be sent to each house of con-
gress and to the president of the United
States.
Published by request Of
w. H. WILLIAMS,
~ q. ii. WEBER,