The Western news. [volume] (Libby, Mont.) 1933-current, 1938-03-10
ExpIoins Why
Frost Could Not
Be Extrodited

know, Jack Frost has again escaped
from the clutch of the law and is
| probably again a. free man.
Sheriff Baney was unable to OBJ
tain the necessary papers from the
Montana governor for Frost's ex-
tradition from Idaho and therefore
could do nothing
! Last week Sheriff Baney went to
Helena and took the necessary steps
TO obtain the proper writ from Act
ing Governor Adair before going to
Boise to place the matter before
the Idaho governor. Frost was held
at Weiser. First the law was gone
into carefully by Attorney General
Freebourn, at Helena He and his
staff spent some three hours pom
dering the problem and then laid
the matter before Acting Governor
Adair. Adair himself is an attorney
and he likewise spent several hours
going over the matters involved
with his advisers and Sheriff Baney
He finally concluded it would be I'M
wise for him to issue the writ, bas-
ing his action on the following
grounds.
Offense Not Serious Enough
While Sheriff Baney could lay be-
foRe4 the Montana officials a record
of extensive skullduggery by Frost
here and bad record elsewhere,
yet all the sheriff had was a warrant
for his arrest on charge of having
obtained the sum of $40 under false
i pTetenses. Such an offense could
be treated only as misdemeanor
under the law, punishable only by a
fine or county Jail sentence. The
lightness of this particular charge
deferred the governor.
j Furthermore, if the writ were is
sued the case then became state
case and the state must stand the
costs. Adair pointed out that funds
for that purpose were small and
they ought to be conserved for use
when it was desired to bring back
to Montana persons who had COM
: United major crimes and who were
badly wanted here A third reason
J for the action was that it would es-
tablish bad precedent. If writ
were issued for the extradition of q
, man for a $40 offense, the state
would be sWamped, said the gov
, ernor, with requests for similar
; writs in numerous other cases.
, This affair has been a difficult
one to handle" said County Attorney
; Long, principally because Frost was
evidently clever enough to keep JUS
within the law. 1t has also beer
difficult for many Libby people who
, had been fleeced by this sWindlint
, pair to understand why action coule
J not be taken against them with
, greater speed and ease. The con
t fusion of these good people has beer
. due to their misunderstanding o
the law
: Most of Frost's transactions wer'
for small sums. And in many 0
his deals he did not make any prom
ises or allegations on which he coult
be arrested. Most of the transac
\ tons with merchants resolved them
q selves, when examine, into case
of extension of credit by the mer
chant to customer. The law ha
held that there is no ground fo
t prosecuting a man under such trans
S actions. In the sale of dance ticket!
he promised two tickets for the pric
of one, in some instances. Vel
he delivered the two tickets. An
even in these ticket transactions, tn
s deal in each case involved the sur
of $40, which the law says is
ia minor offense, a misdemeanor.
It Could Not Combine Offenses
d 1.-THE law holds that offenses II
= volving sums of $50 or less al
q misdemeanors and punishable ;
I such. To be rated as a felony, tt
u offense must cover sums over SIS
q Some have wondered why a nun
AZ Der of small transactions could nj
"a be combined into one large often.
70 aggregating more than $50 and TIN
Of be placed in the felony categor
te Well, again the courts have repea
sc eddy held that such action cannot
taken, each transaction must star
by itself.
IN. 1T should also be remembered
ne continued Attorney Long, that pc
e. pie cannot be arrested in the Unit
n States fer debt-except under ce
er tain conditions. If debtor is &
he tempting to remove property fro
lis the state with the evident intenti
&C. tof defrauding his creditors, he c
on be arrested and held in jail but on
until Judgment can be obtain