The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1913-08-30
Vermont Extradton Laws and the
ThaW Case.

lilo,
the Vermont government Is seeking
means of preventing any such use OF
Vermont's territory, yet our consd-
tutional provisions and laws are so
framed for the promotion of ndivi-
dual justice and freedom that It may
prove to be impossible 10 prevent this
persistent trouble-maker from find
ing more or less prolonged asylum
within our boundaries.
Thaw's attorneys evidently have
carefully studied our statute and fun
damental law, and it goes without
saying they will take advantage OF
every technically to WIN their poin,
and prevent the surrender OF their
client to the New York authorities,
despite the natural eagernes3 Of Vt,-
mont to get rid OF him and save The
large expense likely to result from
prolonged litigation.
A glance at the provisions OF our
extradtion laws will help our read
ers to understand the conditions
which will surround the case in the
event of the deportation OF ThAw
from Canadian territory to Vermont,
on the ground that he entered the
Dominion from this State
Upon requisition OF the governor or
governors of New York, as the case
stands at present time, Thaw would
be arrested under the terms OF sec
ton 2402 of the Public Statutes of
Vermont, which reads as follows
"A person arrested in this State
by virtue of q warrant issued by the
governor upon q requistion of the
governor of another State, as fugi-
tive from justice under the laws of
the United States, shall not be de-
livered TO the agent of such State, I'M
I'll notified of the demand made for
his surrender, and given opportunity
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 s.a
tutes provides that, can officer who
delivers said person to said agent for
extradition without having complied
with the provisions of the preceding
section shall be fined not more than
FIVE hundred dollars" The officer
making the arrest wonld therefore be
required by law to hold Thaw at least
twenty-four hours unless the writ
were issued sooner and notify him
according to law.
The first question arising under
these provisions would be wheth :
Thaw is a fugitive from justice with
IN the meaning of the law, and the
proceedings in habeas corpus would
be governed by the provisions of
numerous sections Of the public sta
tutes.
No person can be restrained or
imprisoned without due process of
law" and a writ of habeas corpus
priscnment or restraint" may be
granted by the supreme court during
its sitting, or by Judge thereof dur.
ing vacation, OF by a superior judge
or by the county court where such
person is imprisoned during its slit
ing
The granting of a writ OF habeas
corpus is not optional but mandatory
section 1912. of the public statutes
reading, The court or judge TO
whom complaint is made shall, with.
out delay. award and issue writ OF
habeas corpus, which shall be made
returnable forthwith"
Under section 1914. "lf the court TO
which the writ is returnable ad
iourns before it is returned, the re.
turn shall be made before one of the
judges OF the supreme court; and
under section 1854, il is provided that
When the writ is returned, the court
or judge shall without delay, examine
the causes of Imprisonment or re
straint, 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
charged with an offence and imprison
ed or restrained by section 1868 OF
he public statutes which says: III
Q person WHO has IN his custody cr
under his power prisoner entitled
TO a writ cr habeas corpus, whether
any writ has been issued or not, shall
with intent to elude the service al
such writ, or to avoid the effec, there
o. transfer such prisoner 90 the Gus
tody. or place him under the power
or cCuirol. OF another berson. @,
conceal him. CT change the place a.
his confinement. he shall forfeit &
the perscn aggrieved four hundred
dollars"
To all appearances, therefore
there is no legal way in which We.
non, can dodge. N !. nc desired. 9
hearing in hateas corpus procecdihgs
whenever Thaw is arrested in this
State fer CXtradliiCn to New York
and he can profit by an the statutory
provisions as to appeal and bail tina;
apply &c cases Of thai character as
well rs the constitutional provision
as to excessive bail. al OF which
were framed for the purpose Of pro
tecting the innocent under duress
and to ensure strict justice.
lnasmuch as under the provisions
Of the law the governor issues n writ
in extradition cases the cost OF liti-
.gaticn against Thaw would fall upon
the State. no matter how prolonged
the same might be.
Section 240S OF the public statutes
provides that The authorities OF the
State Of New York shall have the
same power and authority to detain
and transport through the territory
OF this State persons convicted OF OF.
fences and sentenced. to be confined
IN penitentlary In the State Of New
York. which they have to detain and
transport them in such state" but
Thaw is not convicted and he is not