The Brunswick news. [volume] (Brunswick, Ga.) 1906-2016, 1913-11-13
The Right OF EXTRACTION.

Thaw 10 warrant d its courts, On 4
charge Of cons1iracy. Gov Feiser. OF
New Hampshire. declared and iilss-
ltFated principle tiat IS too fresaent-
+ J. ignored or deliberately contrsvened
By state executives. Just as IS The right
o. pareon. IN announcing his determin-
tiou 20 honor the requisiilon q Nea
York, Gov Felker said.
b. the petition of Gov Giynu and
( she accompanying papers u appears
that the grand jury inquest q the
county OF Sea York has duly returned
into open oourt an Indictment against
SIR Thaw. That s. auasc ieat 10 war
rant the arrest. aTaignment and trial
o. the respondent II he may be found
Nihin the state wherein the indiet-
ment is pending It is. furthermore
sufficient to establish that Mr. Thaw
is-if found in any state or county
shile such Indictment is pending
fugitive from justice.
have and shall continue 70 assume
mat the course Of the state Of Aes
York in It's present demand and it,
subsequent conduct with reference tc
he arraienment and trial Of the re
spondea,, upon the indictment for
yblch alone the extraditlon sought Is
hereby granted. win demonstrate her
full appreciation Of the dictates Of fair
play and q righteous and equal admin
istration 0: justice.
This is the correct and III only truf
view 70 be ,aken q an application for
extradition made BY the executive o.
one state to that Of another. aud it is
the view prescribed by the constitu
ton o. the United states. which makes
mandatory the delivering up by one
state upon the request Of another @,
e fugitive against whom indictment
has been regularly returned. # leaves
nothing to the discretion II the execu
tive under whose Jurisdiction the Ia
sitiye may have sought refuge Tho
requisition OF another executive witi
repres entation that the fugitive has
been regularly indicted for crime is
.uIl and sufficient warrant upon him
% give him up. There is nothins
cluivocal in the language Of the fed
eral constitution ON tine point. II
Gays that the executive to whom ap
piication is made shall" deliver Ut
the fugitive. 1t IL rather curious that
undertaking to enforce extradition
through the federal authority has no
been made in cases where requisition
has no, been honored for the provision
Of the constitution IS so clear that Il
would seem impossible for the fedora
courts to refuse to act for the com
iulsion u the surrender.
The practice has become so common
rs 10 be almost the rule for execu
lives TO make inquiry into the indict
nent OF the fugitive and. in effect, y
make trial Of the case in its elemen
ais. which is no part of the duty u
even under the restrictions of the fed
rial constitutional provision, priv
ege Of the executive TO whom relma
ton has been made, His opinion upon
he merits or the dement's OF the ac
eusation lodged against the fugitive !.
OF not the slightest appearances Iii.
presumption must be. as Gov. Fclkcr
IN the Thaw ease declares his Is. tina
/ he rcqnsition ~ made in the int IS
! III justice and that the state whose ok
ecutieo has made it e.il give fair ,ria
and make just determination Of ID,
+ case against the fugitive. That !. no
merely IA matter o. comfy ba. ~eo,
states but binding obligation hi.
upon each state in behalf Of every 9th
lev by the constitution OF the Union o
which they are all members.
IN the Thaw case the governor q
New Hampshire has not taken a.t,
question The nature OF the indictmen
found against the fugitive. nor consid
cred the possibility that it may b
merely device for bringing Thav
back to the jurisdiction Of New YorI
that he may be arrested aud confined
en- other grounds than those Will
whic the indictment is concerned. an,
IN that he is entirely right The valid
lily Of the indictment found agaIns
,'haw may Well be uestioned, for I
20 difficult to see how. being legally in