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


SANTA F'E. N. A., May IL
Ypubile the tsxt OF his reply TO the
demand Of une governor OF Ari-
coma IN which the latter sought
extrndifion 10 that state OF . N.
Hnynoida, q. l.. Rogers and j. y.
Gov. officers 81 Albuquerque
banks under indictments returned
ny a Nawjo county grand jury In
connection with the Holbrook
state bank case. The text OF the
governors statement. denying the
extradition, Except for certain
lengthy citations OF authorities
5tuupdrtinR his decision, follows:
Executive OFFICE
eama We. New Mexico.
Nay IL, 1879.
Hon. Thoa T.. Campbell.
oovcrnor of the state Of Arizona.
Phoenix Arizona.
IN the matter Of the requi-
aitlon OF the Governor OF
Arixona apon the Governor
OF New Mexico. for the
rendition OF J. ". 1tnynolda.
q I. Hogcrs and j. T.. Cox.
citizens OF New Mexico. to.
the authorities of the State
OF Arizona.
The Governor OF the State Of
ArixoLa. through his duly author
ixed agent. presents n rcquisition
1for MeHsrs. j. NJ Raynoics. Guy
u. rogers and D. r. Coz cinzcns
of the state " New Mexico. who
nnve been Indicted In the superior
court Of the County Of Navajo.
Nnir 81 Arizonn. on the charge Of
inving committed the crimes Of
perjury and conspiracy. In addi-
Jon to the indictments which are
made a part OF the record on the
Request for extradition there also
iFpenfs nnidavlts OF citizens of
he State NJ Arizona In which the
fflant depose that the said RAY
holds. Rogers and Cox are fugl-
ives from the justice OF the STATE
n Arizona. and In which they
nrther dcpofc NJ 10 having seer
hc said itnynolds and Cox IN the
Hintc OF Arlzona upon specific
lntes at or before the ailracd com
nission OF said crimes ne set forth
IN the said indictpents.
itlistments Fail 10 Make Charge
Pursuant TO the custom IN the
Rate OF New Mexico In these mat
crN, these papers were referred
D the Hon Harry |. Bowman, At
prney General Of the State of New
iexico, Tor his opinion. and he
lRs returned raid papers 20 this
}ffice with his opinion That the In
ictment charging the crime OF
PERJURY. No. as. does not sub
FnLtially charge n crime. How
ser. white not wnlvlng the right
the Governor OF New Mexico
paas upon this question II will
Dt be necessary TO do 20. because
b. parties demanded by the requi-
tion make issue solely on the
pint as 10 whether they are IN
kct fngliivea from the Justice OF
be state Of Arizona. and In pre-
lutiug thin isHue fhey have sub
itcd hffIdaVifH sinncd and worn
by themselves and supported by
H. nffidhvits OF other persons who
nd the opportunity TO know the
cts to which they make oath.
The Counsel representing the
ate Of Arizona. take the position
bat the uovsrnor Of the State of
rw Mexico Garnet look Scyonc
reputation OF the Governor of
flzonn and the lndictmrhta ana
fidavits accompanying the anne.
d cnnnOt take notice OF or con-
der the affidhvits presented by
parties whose eStradition II
man1cd and the other affidavits
their support. This raises a
pertion Of law. about which there
bould be no difficulty, because.
Law Question Involved
First: the proceedings In this
- arc controlled NJ the con-
tuition aud laws Of the United
nfes.
Second; the Supreme Court Of
L. United States has on several
|casions pascal upon this vrty
l~estion, and It's decisions are CON
oIiinE.
Further. we have as our guild
|ce the custom of other Cover
|rs In different states dealing
IN this same question.
The constitution OF the United
ntes provides section 2 Article
"a person charged with treason.
iony. or other crime, who shall
~ from justice. ana he fou; a In
|other state. shan on the de-
Rnd Of the executive authority OF
= state from which he fled. be
iivcred up to be removed to the
bic having Jurisdiction OF the
me
construing thin provision and
elton B27s OF the Revised
nfutes q. \. prescribing the pro-
dure Of carrying into effect the
Institutional provision. the SUI
enie Court of the United States
the ease OF MrNichols Va. pease.
tMcNichoiE ". Pease. 20T u. y.
ports. T.. 1909 after reviewing
numerous thcretofore
rided says.
kfrho governor here quotes the
alton referred TO. NJ length, and
nfinuesD
BIZ the case OF Robert W. Reilly,
n. =. Heports. n so. the
preme Court Of the 4, 3. In con
lrrinE this snme question said:
III mes appear, therefore.
O the governor of the State
whom such a demand =
Dfcaented. before he can law
9ully comply with i. first.
hat the person demanded a.
|uhftantinily charged with a
rhine against the laws Of the
{Afntn from whose tustice he
> alleged 10 have fled. by an
Indictment or an affidavit,
certified as authentic by the
5rnternor OF the btate making
he demand; and. second. that
he pofson demanded II
fugitive from the justice OF
he state the cxecutise au-
|horlty o. which makes the
demand"
Whai O.nserul,s Must Decide
Frcm the forcgoinE quotations
ulll BE- seen that n IL the duty
H.-M 80 n0.autltu ~ t1n afnia imam