The Birmingham age-herald., 1913-11-09

amend the petition according with the
omission of words.
Thaw was not present when the decision
was reached He will remain here in the
custody of United States Marshal Hute
and Sheriff Drew pending the federal
proceedings.
Tn grant ng the extradtion Governor
FelSer said in substance;
Felkner's Statement
by the petition of Governor Glynn and
| the accompanying papers, 1t appears that
the grand inquest of the county OF New
York has duly returned into open court
an Indictment against Harry X. Thaw.
This is sufficient to warrant the arrest.
the arraignment and trial of the re-
spondent, If he may be found within the
state wherein the indictment is pending.
It is Furthermore sufficient TO estimate
that Mr.. Thaw is If found in any state
or country while such indictment is pend
ing q fugitive from justice eXtraditable.
The provisions of the federal con-
stitution and of the acts of Congress
enacted to give power and effect there
to as construed by the court of last re-
sort on such matters, limit me TO the
! consideration of the question, first
whe ther the person demanded has been
substantially charged with crime and
furthermore whether he Is a fugitive
the supreme court of the United States
in the most recent case wherein sis
ter state demanded of New Hampshire
the Interstate rendition of a person
alighting within her borders, |. e. Muncy
vs. Clough 196, U. S. 372, decided in
1903
I'm this case IL was decided by
unanimous court that the proceedings
in matters of this kind before the gov
ernor, are summary In their nature.
"The person demanded has no con-
stitutional right to be heard before the
governor on either question and the
statute provides for none. To hold 9TH
erwfse would in many cases render the
constitutional provision as well as tie
statute passed to carry it out wholly
useless.
Gave Thaw Opportunity
| "I have nevertheless, owing to the
urgency of the demands of his counsel,
men in whose integrity l have conf
dence and for whose opinions l enter-
| tain deep respect. given Mr.. Thaw the
fullest possible opportunity for the ex-
preston of their views. With profound
respect, therefore, / am unable to view
my duty in the premises as including
an investigation of Mr.. Thaw's mental
! condition, or for the counsel of the
state of New York's attitude, or the
probable extent of innocence of the ac-
cused Thaw.
ITO do so would be hardly consistent
with the mandatory provision of the
| constitution that person charged In
any state with treason, felon or other
crime, who shall be found In another
state shall on the demand of the eX
ecutive authority of the said state from
which he fled be delivered up
! TT would furthermore involve an at
! tempted supervision by myself over pro-
/ altara raf 11Yfe sAF takN
manner beyond the power of such state
! to control.
such a course likely would involve an
| inquiry into the wisdom of the authorities
of the depending state. Any one Of those
would manifestly lead to the virtual sus-
| pension and eventual nullihcation of pro-
visions of the federal constitution.
Il have, and shall continue to assume
| that the course of the state of New York
| does and will demonstrate full apprecia-
| tion of the dictates of fair play and a
/ righteous and equal administration Of JUS
| tice.'
The governor said that by the rules cf
practice in such cases. prepared by the
| interstate extradition conference in New
| York in 1887, and adopted by the states.
| prisoner in the position OF Thaw was
| given such opportunity to sue out writ
! of habeas corpus as is prescribed by the
laws of Connecticut or by the federal laws
existing now.
Ample Remedy Afforded
This affords Mr.. Thaw an ample rem
edy before a tribunal having jurisdiction
of such special remedies with the power
to issue final process for carrying its
Judgments into effect" the governor said.
He made public an opinion from At
! torney General James p. Tuttle, advising
him to grant the requisition on the ground
that through this course ''any possibility
OF ultimate error is excluded and all
constitutional rights of the individual and