The Richmond Virginian. (Richmond, Va.) 1910-1920, 1913-10-02
(By CLAUDE Nj. DEAN.)

1t would seem that the governor
of New Hampshire. under the con-
stitution of the United States and
secs. 527s and b2zs of the revised
statutes of the United States. adopted
by congress TO give effect to the pro-
visions of the constitution. and the
penal laws of New York State should
not deliver Harry Thaw up to be re-
moved to New York in order that he
may be tried for an act or offense
which the penal laws of New York
clearly and distinctly say Is not a
crime.
In order that there may be a clear
understanding of the laws involved in
this controversy and what Is the duty
of the governor in relation thereto.
/ have incorporated the same in this
article, which are as follows:
The Constitutional Provisions.
The constitution of the United
States, (sec 2, art. Iv) declares "A
person charged in any State with
treason, felony or other crimes who
shall flee from justice and be found
in another State. shall. on demand
Of the executive authority of the State
from which he fed be delivered up
to be removed to the State having
Jurisdiction of the crime"
Act of Congress Giving Effect to
such Provision.
Congress. for the purpose of giving
effect to the foregoing provision of
the constitution, passed the act of
February II. 1898. the first and sec
ond sections of which have been re-
enacted in sections 527s and 1919 Of
the revised statutes, which are as
follows.
Sec !. That whenever the execu-
tive authority Of any State in the I'm
ion or OF either Of the Territories
northwest or south of the river Ohio
shall demand any person as fugi-
tive from justice of the executive
authority of any such State or Ter
tory to which such person shall have
fed, and shall moreover, produce the
copy of indictment found or an af-
fidavit made before a magistrate OF
any State or Territory as aforesaid
charging the person SO demanded
with having committed treason. fell
ony or other crime certified as au-
| thentic by the governor of chief mag
istrate of the State or Territory from
whence the person so charged fed
1t shall be the duty of the executive
authority of the State or Territory tc
which such person shall have fed, t6
cause him or her TO be arrested anc
secured. and notice of arrest to be
making such demand, or to the agent
of such authority appointed to re
ceive the fugitive. and to cause the
| fugitive to be delivered to such agen'
when he shall appear. but II no such
agent shall appear within six months
! from the time of arrest, the prisoner
may be discharged. And all costs and
| expenses incurred in the apprehending
securing and transmitting such fugi-
tive to the State or Territory makins
such demand, shall be paid by such
State or Territory.
| Sec. 2. And 1t be further enacted
that any agent. appointed as afore'
said, who shall receive the fugitive
into his custody. shall be empowered
to transport him or her to the State
| or Territory from which he or she
/ have fled; and if any person or per
sons shall by force set at liberty oil
rescue the fugitive from such ageni
while transporting as aforesaid. the
person or persons so offending shall
/ on conviction. he fined not exceed.
! ing five hudred dollars and be i'm
prisoned not exceeding one year"
The Penal Law of New York.
'Sll20. responsibility of Idiot OF
/ Lunatic-An act done by person
who is an idiot, imbecile; iunatic oil
insane is not crime. ."
! From the foregoing it Will be read
/ lily seen that the constitution only in
cludes as crimes offenses which are
punishable by the law of the demand,
| Ing state and the law Of New York