Tonopah daily bonanza. [volume] (Tonopah, Nev.) 1906-1929, 1914-11-12
EyTRAO|T|ON Of CRIMINALS THE CAUSE
OF MUCHFR|CT|ON BETWEEN STATES
COMPLAINS GOVERNOROF MONTANA

(By international News seryieel
MADISON, Wis, Nov. 12.-Extra-
dition Of criminals in the United
States is a very unsatisfactory con-
dition and is a sore trouble to state
chief executives, Governor S. Y. Stew
are, of Montana, told the Governors
Conference in an address here today,
He declared the perplexed governor
often found it impossible to do jus
tice in these cases on account OF the.
difficulty in investigating them for
himself
Every governor knows and THOR
oughly appreciates the fact that the
law on extradition is well settled,
said the governor, and yet ! venture
the assertion that extradition matters
have in very considerable degree
plagued every man present. What
ever the construction of the constitu-
tional and statutory law on the sub
ject, after all the whole proposition
comes down to the question OF dis
! 7
erection on the part of the governor
only one case out of a hundred.
and sometimes out of many hundreds,
ever finds its way to the courts for
construction. The Harry Thaw cases
are rare; and. besides, in a case OF
that kind, action is never precipitated
and there is always plenty of time
and opportunity for careful considera-
ton. 1t would seem to me that the
more notorious cases are less likely
4 to involve a governor in error than
/. are those of the humber sort.
Experience would seem to indi-
cate that when trouble arises 1t
n comes from the fact that the governor
is usually called upon in a hurry to
issue his requisition upon the gov
ernor of another state. The prose
cutting witness, county attorney and
sheriff in some rural county get to
, gether, prepare a batch of papers
regular on their face, and the sheriff
HuTIlth W luc CaPitdAs 6NAS ~ 49,
governor as quickly as he can, de
mands the requisition papers at one
and sits by while they are being pre-
pared, eager to be on his way. TIL
governor has no opportunity to d
other than investigate the regularit
OF the papers. There is neither tim
nor means to enable him to conduc
on investigation into the merits c
the case. There may be JOB" o
the part of the prosecuting officer
or there may be bias and prejudice
or there may exist sheer incompe
ency, any one of which condition
will render the action of the governc
not only futile but in some instance
absolutely wrong.
There is no way yet discovere
whereby the governor can avoid thes
chances. In most instances the q
( legged fugitive is represented to
, under arrest or likely to depart fro
/ the place wherein he has been lcca
7 ed and from which 1t is sought to r
3 turn him, and delay would be fatal
> Some governors have adopted {
6 ironclad rule to the effect that thu
7 will not consider any question
Q volved in a matter of extraditit
s other than the identity of the I'M
idual under arrest. While no dou
that rule serves to shut off much
a the resistance and the resultant he;
n ings involved therein, at the saI
time 1t is hard to believe that gra
wrongs may be done to liberty a
20 personal rights by the enforceme
Of such rule.
>. "And yet there are most substant
reasons to be uregd against the s
,mb TEN of allowing a hearing on [
oc. question of the justice of the dema
eral to return the alleged fugitive.
d. a hearing on any question other tn
the question or identity is granted,
must of necessity involve the prod
tion Of evidence of acts that occur
aVS ofttimes many hundreds and sol
times thousands of miles from
% seat of the hearing Even on
question of flight there is only m
- ger possibility of getting at the r
49,. facts in the ordinary case The p
o, oner win. of course, deny that
,oe, fed, and it is possible that the ag
of the governor who is present W
that ------------------------