The evening herald. [volume] (Albuquerque, New Mexico) 1914-1922, 1922-05-17

lies demanded. that in cnsr tia
persona demanded pursue thcls
refrct1y ~ the conrts. TINT she uci
Of the Fusefnnr ia sufrcnncrine
them sntkrs n priina facio case iu
fsvof al the Demanding state AID
raises y presumption ngniitst flst
ACCUSED. "a Il therefore seen that
the right 81 the citlScfsS of - stats
GO . hcnrlsg bciore IA, eo,crssn
of the rtntc az which they are cif.
ircns. q q eubfinntini riehi and
uiir which should not be denied
them.
AR. scott In his text book on In
torstnte Rendition, quotes with ap-
prevail tho opinion OF the iatu
Hon, shelby N. culiom. governor
% Illinois. on the question OF the
duty II the governor of a state
IN this regard;
tscott on Interstate Rendition,
y. SD
a.. Governor cullom on Ex-
ccutivc duty.-Referring TO
executive duty Governor Cut
iOm said.
1T " Undoubtedly the duty
Of the executive q each state
to give full effect to that pro-
vision 81 the Federal ConHtl-
tuition which requires the re-
turn OF the fugitive from jus
ticc. aud to respect all laws
for the purpose Of enforcing
That provision. have no In
clinntion to disregard the oh
legation thus created. evcn
though no power exists by
which action could be- rom
g trolied. ON the either hnnd..
the seizure ~ o citizen OF this
State and his forclhie trans
portati0n To- n distant jurisdic-
ton. beyond all protection
from tho laws 90 his own
State. ~ a. proceeding 10 SER
ioas that "a can only be lus-
tifisd 10y positive law and tho
concurrence ~ All the facts
required by law The over
nor q u state has q very SOL
emn duty 10 perform toward
bis people. rs well a. to-
ward other States. He should
Yoe that no violent proceed
inga be taken against citizens
who rely upon him for pro-
lection, unless such proceed
ines 10 fully warranted by
law
Commenting upon this opinion
the author says;
There nj be no question buI
that govcrnor Cullom was cieari,
right In his Interpretation OF tbs
law. with reference to the dut.
~ the executive Of the asylum
state, a great weight Of authosi,
ties sustain him, and the iapes
~ years, since his opinion wa
written have strengthened rather
than weakened his position
Duty of the sovernor
I believe. therefore. that n q
my hound"n iuty In n caAe 81 Thu
Kind, to determine TO my owf
s~htisfaction whether or not a citi.
rem or person IN this state. accused
al crime In another state. o. IL
fnct n fugitive from justice
whom he fhan Nv appropriate pro.
oeedinaa make issue on thnt point
II u said by counsel for tn
safe OF Arizona that while tn
Sountcr affidaviiH OF tho partia'
whose cxtrnditiOn h sought max.
denial Of their having been IN Ari
xona upon the dates mentioned u
the indictment. that this does no.
make proof that they were MOI
thore upon mher dates upun which
they might have committed IN,
crime within the statute % limi,
ittlons In other wcrN that al
though the indictments charged
the commission % q crime upor
a daiu certain. ~ for instance
Sept. .. 1913, yet upon trial Of
The case n u should he establish.
ed that the accused we're In Ari.
Sonh ~ any time within three
years previous to the finding ol
the Indictment. namely fhe ais
nat OF hecemtscr. 1871 they NIGH
sun be round guilty.