Arizona republican., 1914-03-01
Attorney Robert s. Fisher Takes First Step in His Fight to Prevent Extra dition of . Los Angeles Promoter to Utah
SAYS DEFENSE
 NOT CHARGED
Claims Entire Proceeding Has Ulterior Motive of Embarrassing Man En- gagged in Promoting a Gigantic Deal

Preliminary to the hearing on Mon- day upon the requisition for the ex- tradition to Utah of c. w. French. Pacific Development company pro- moter, Attorney Robert S. Fisher, counsel for French, yesterday filed with Governor Hunt his brief and plea, outlining the case it is expected to present in the fight to prevent the removal of French from Arizona. To substantiate the various contentious of the brief, Attorney Fisher was yes terday placed in possession of host of letters, telegrams and affidavits, bearing in one way or another upon the case, together with photographic reproductions of the original com plaints and affidavits, including the warrant of arrest and the original complaint signed by Harry s. Har- per, justice of the peace, of Salt Lake.
 In the brief the defendant calls at tention to the following:
 CD That the acquisition is not authenticated according to law.
 % That this being a matter con- corning the transfer of property with out showing of civil liability, no crime is or can be charged
 (3) That the defendant, having been only constructively in the state of Utah at the time of the alleged of lenses, and there being no allegation that he fled from Utah to escape pun ishment, your excellency has no juris diction to grant eXtradition in the premises.
 (4) The value and kinds of goods alleged to have been obtained by false pretenses are not set forth in a man ner sufficient to charge the defendant with notice of accusation against him.
 (5) It is apparent that whatever credit or profit was obtained was oh- tained before the drawing of the draft and without reference thereto, and that the Hotel Utah Operating company parted with nothing on ac- count of representations with regard to the draft.
 (6) By the affidavit and complaint themselves it is apparent that credit only on an existing indebtedness was obtained Therefore the debt was not extinguished and no crime was com mitted
 Under the heading of Insufficient Authorization, the brief sets forth that the requisition is not duly authenticated according to law, is signed by David Mattson as acting governor and attested by David Matt son as secretary of state. Tt is evil dent" says the brief, that David Mattson was not at the same time both governor of Utah and secretary of state thereof. The law certainly does not contemplate that a man can step from one office to the other so as to witness from one office the acts already completed in the other office. Such act is no attestation.'
 | No Civil Liability, No Crime" is the title of the second heading, Among other things under this heading, it is set forth that it is patent that no criminal offense can be stated as arising out of a commercial trans action in which no civil liability ap- pears It appears upon the face of the affidavit filed herein that C. w French drew draft upon J. F. Clark of Los Angeles, which draft was en- dorsed by A. R. Watson and James w. Silver The affidavit recites that the said draft was presented to J. F
 Clark more than sixty days after its drawing The rule is that demand bill of exchange should be presented 1 if the drawee resides in the same city. not later than the business daN following the drawing of the instru-
 ment If the drawee resides in an other place. within the reach of tho
 United States mail then, according t'
 the rule laid down, the draft mus be mailed the next business day aftei
 the drawing. It is apparent that de lay in presentment for sixty days i! not reasonable. No excuse is offered
 for the delay No notice of dishonol is shown as affecting the drawer. ant
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