The Salt Lake tribune. [volume] (Salt Lake City, Utah) 1890-current, 1913-11-09

of United States Marshal Mute and
Sheriff Drew pending the federal pro-
ceedings.
In granting the extradition, Cover
nor Felker said in parts
'fBy the petition Of Governor Glynn
and the acepmpanying papers, it ap::
pears that the grand jury inquest OF
the county of New York has duly re-
turned into open court an indictment
against Mr.. Thaw. That is sufficient
TO warrant the arrest, arraignment and
trial of the respondent, if he may be
found within the state wherein the in
dictment is pending. 1t is, furthermore
sufficient to establish that Mr.. Thaw
is-if found in any state or country
fugitive from Justice.
THE provisions of the federal con-
stitution and the acts of congress en-
acted to give force and effect thereto
as construed by the court of last re-
sort on such matters limit me to the
consideration of the question (D wheth-
er the person demanded has been sub
stantially charged with a crime, and
~ whether, he is a fugitive from
Justice. Such was the decision of the
supreme court Of the United States in
the most recent case wherein a sister
state demanded of New Hampshire the
interstate rendition OF a person within
her border (Muncy vs.. Clough 1876
U. s., 372, decided in 1909.
Proceedings Summary.
"'ID that case it was decided bv a.
unanimous court that the proceedings
in matters of this kind before the gov
ernor are summary in their nature.
The person demanded has no
constitutional right to be heard before
o,%
the statute provides for none. To hold
otherwise would in many cases render
the constitutional provision, as well as
the statute passed to carry it out,
wholly useless.
"I have, nevertheless, owing to the
urgency of the demands Of his counsel
men in whose integrity have conf
dence and for whose opinions 1 enter.
tain deep respect-given Mr.. Thaw the
preston of their views. With profound
respect, therefore, I am unable to view
my duty In the premises as including
an investigation Of Mr.. Thaw's mental
condition, OF Of the counsel for the
state Of New York or OF the probable
guilt or innocence Of the accused.
'To do so would hardly be consist
ent with the mandatory provision Of
the constitution that person charged
IN any SIdhS Win bIodSony VI
other crime, who shall be found in an
other state, shall on the demand Of
the executive authority Of tho state
from which he fled, be delivered up.
Assumes Fair Play.
"That would, furthermore, involve
an attempted supervision by myself
over procedure Of courts Of another
state in manner beyond the power OF
such state to control. Such a course
would, likewise, involve an inquiry into
the motives of the authorities Of the
demanding state. Any one Of those
would manifestly lead to the virtual
suspension and eventual nulEfication OF
provisions of the federal constitution
"I have and I shall continue to as
sumo that the course Of tho state OF
New York does and will demand the
| full appreciation Of the dictates Of fail
play and righteous and equal adminls
tration Of Justice
The governor said that by the rules
Of practice in extradition cases, pre-
pared by the interstate extraditlon con
ference at New York in 1887 ano
adopted by the states, prisoner IN the
position of Thaw was given "such op
| portunity 20 sue out wr1t OF haoea:
corpus as is prescribed by the laws OF
this state or by the federal law.
"Such procedure" he continued
"affords Mr.. Thaw an ample remedy
before a tribunal having Jurisdiction OF
! such extraordinary remedies with th'
power to issue final process for carry
ing its judgments into effect.