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Supreme Court — Part 7

107 pages · May 11, 2026 · Document date: Feb 22, 1937 · Broad topic: General · Topic: Supreme Court · 106 pages OCR'd
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Prof. Matpy, Pee Se the Court sadds . \ “The sole object of the provision of the Constitution and... the Act of Congress to carry it into effect is te secure the surrender of persons accused of crime,who have fled from the justice of a State whose laws they are charged with oy violating. Neither the Constitution nor the Act of Gongresa , providing for the rendition of fugitives upon proper requi- : pitiona being made confers,either expressly or by implication, —= ~ any right er privilege upon such fugitives under ond by virtue efewhich they ean assert, in the State to which they ae re=- tarned, exemption from trial fer any criminal act done therein. Ye purpose or intention is manifested to afford them any inne nity er protection from _trisl and punishment for any offense Gomiittea in the State from wnich they flee. On the contrary, the provision er both the Constitution and the statute extends te all crimes and effenses punishable by the laws of the State where the act is done."(Kentueky v Dennison,6&5 US. 24 How. 66, 250s, Tee0de7l7 57273 Ex parte Reggee, 114 U.5.642, 29 Le ed. faking the declared purpese of the provision,as set forth in ) the preceding paragraph,and the rule of censtruction announced in Apple~ FSi F RAV ORUVIIMEUV ULE, GUpl ah, FU MAVE LUSBSVIL VY GLUAV AVE Ue SG LLU eS interpretation ef any statutory changes made by Congress that are in- tended te make the spprehension ef fucitivea more effective. Of course such changes mst be within the express or implied authority of the cone stitutional provision, but it is my opinion that Congress has net acted te the full extent of its constitutional powers, As previously stated, the constitutional provision does not limit or specify the authorities who may apprehend and deliver up the fugitive,but the Extradition Statq ute decs limit such action te the executive authority ef the State where | the fugitive 42 found. The tera “examtive authority", Y asgume. ine - cludes ita peace officers whose duties are generally defined in the vee -» f% rious State acts relating te fugitives from justice. For your convenience | \ I will set ferth the Extradition Statute,or Congressional Act,which now — wr governs extradition between the States.It is found in Seetion 662, Title 18,of the United States Code Annotated,and reads as follews: Section 662.< Fugitives from State or Territory. "Whenever | the exesutive authority of any State er Territory demands any Persom as a fugitive from justice, of the executive authority | of State er ferritory te which such person has Tiled, and Pome retinas a copy of an Tate tuent found er an affidavit made befere a magistrate ef any State or Territory, charging the F persen demanded with hay ing committed treasen, felony,er ether | orime, certified as anthentis by the Governor or Chief Magis~- trate ef the State er Territory from whence the person se. eharged has fled, it shall be the euty ef the executive anthor=- -——— i of the State or Terr Ww suc erson has 6 to cause him to be arrested and seoured,and ES cause notice . of the arrest smi to be given to the executive mthority make ing such demami, or te the agent of such mthority appointed to receive the fugitive, and to canse the fugitive to be de- livered upt te such agent when he shall appear. Etc.,ete." Be
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