The Barre daily times. (Barre, Vt.) 1897-1959, 1913-08-28

eminent a requisition of the governor of
another state, as fugitive from justice
under the laws of the United States,
shall not be delivered to the agent of
such state, until notified of the demand
made for his surrender, and given OPP
portunity to apply for a writ of habeas
corpus, if he claims such right of the
officer making the arrest within twenty
four hours after being notified of the de.
mand made for his surrender"
The following section of the statutes
provides that, San officer who delivers
said person to said agent for extradition
without having complied with the pro-
visions of the preceding section shall
be fined not more than five hundred
dollars" The officer making the arrest
would therefore be required by law to
hold Thaw at least twenty -four hours
unless the writ were issued sooner, and
notifying him according to law.
The first question arising nuder these
provisions would be whether Thaw is a
fugitive from justice within the mean
ing of the law, and the proceedings in
habeas corpus would be governed by the
provision of numerous sections of the
public statutes
No person can be restrained or i'm
prisoned without due process of law"
and a writ of habeas corpus" TO inquire
into the cause of such Imprisonment or
restraint" may be granted by the SUI
preme court during its sitting or by
judge thereof during vacation, or by a
superior judge or by the county court
where such person is imprisoned during
its sitting
The granting of writ OF habeas cor
pus is not optional but mandatory, sec
ton 1912 of the public statutes reading
"The court or Judge to whom com
plant is made shall without delay,
award and issue writ of habeas corpus.
which shall be made returnable forth
with"
Under section l944, "If the court to
which the writ is returnable adjourns
before it is returned, the return shall be
made before one of the judges of the
supreme court" and under section 1854,
it is provided that "When the writ is re-
turned, the court or judge shall without
delay, examine the causes of imprison
ment or restraint, but the examination
may be adjourned from time to time"
We might be willing to see Thaw
taken from our soil but further safe
guards are thrown about person charg-
ed with an offence and imprisoned or re-
strained by section 1868 OF the public
statutes which saws: "lf a person who
has in his custody or under his power
4 prisoner entitled to a writ of habeas
corpus, whether any writ has been is
sued or not, SHALL with intent to emde
the service of such writ, or to avoid the
effect thereof, transfer such prisoner TO
the custody, or place him under the
power of control, of another person, or
conceal him, or change the place of his
confinement, he shall forfeit to the per
son aggrieyed four hundred dollars"
To all appearances, therefore, there !
IS no legal way in which Vermont can |
lodge. if it so desired, hearing in |
labeas corpus proceedings, whenever |
1haw is arrested in this state for extra |
lition to New York, and he can profit |
Dy all the statutory provisions as to |
appeal and bail that apply to cases of |
character as well as the constitutional |
provision as to excessive bail, oil of |
which were framed for the purpose of I
the innocent under duress
md to ensure strict justice.
lnasmuch as under the provisions of
he law the governor issues a writ in ex-
cases the cost of litigation
Igainst Thaw would fall upon the state,
10 matter how prolonged the same I
night be.
Section 240S of the public statutes
provides that 1.-The authorities of the 4
tate of New York shall have the same I
lower and authority to detain and Il
transport them in such state" but Thaw
5 not convicted and he is not sentenced
o penitentiary.
Considerations in the case of Thaw,
which present many new features, might Il
cad our people to consider the advisa-
'ility of changing our statutory provis-
ons involved, but the question of pro-
Getting the innocent in the case of varied
harges is so important that our legis-
ature would be inclined to make haste
lowly in the direction of any radical
hange in relation to the rights of our
eople under habeas corpus legislation
burlington Free Press