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Prof, Molvys p&eSe system of internal regulation adopted by a State te preserve public ovdér and te afford protection to its citizens in the enjoyzent of their mek ek ee hee oP mn etater Atéhanesh tie VPadearal favarnneant in said ee ee BS WEEVELS Vi SUNSET Y IS NAP VEs Fa SVU Se Ve we = ie to possess no general er inherent police powers, it may and does exer- cise pewers which correspond te the ordinary police powers of the States im carrying out its delegated authorities.It may preseribe and enforce a penalties for violations ef its laws, but that does net represent a usur- — pation er invasion ef th power ef the States. Therefore, if Congrese - has autherity te create a Federal agency with pewer te arrest and de- liver up fugitives,the exercise ef that pewer would net conflict with | as any reserved power ef the States,unless Congress should attempt te au- = therize the Vaderal agents te make lacal avvrests fer rerely lncal ef- ~ fenses. That situation,however, can be avoited thratigh a cooperative understanding between State and Federal authoritges, under which arrests fer leeal offenses would Ww made by local officials. I believe the above plan has this oavene fy over tis coepera- tive plam suggested by Senater Copeland,viss That Congress has au- thority te designate those whe may arrest and deliver up the fugitive,it | 5 could cenfer that power upon members ef the various State and municipal : { pelice ferees affiliated with the Federal Buream. and thud increase the number ef authorized arresting efficers, This pewer,if it exists, is de- rived solely from the extradition clause,and im my judguent would apply only te fugitives from justice. Others wanted by tie Yederal Covernnent a= would have to be arrested by Federal agents, in the absence of any cone stituticnal provisien authorizing the exercise of such power by State peliee efficials, but the increased number ef officers elegible te arrest fugitives ought te reduce the expense ef the national covernment and at potter the same time multiply the effectiveness of crime detection. Without attempting te state the detaile of legislative remedies, a I believe the extradition clause eof the Constitutiem would suthorise 3. the exercise ef the fellewing powers: eg lste- That Congress may ereate a Federal police agency with sa- therity te arrest and deliver up fugitives from justice to the executive |. authority ef the demanding State, upom tle proef contained in the requi- sition papers,and that such delivery could be made by tle Federal agents 8 § - - without the assent eof tle authorities ef the State where the fugitive is a found. The purpese ef extradition is te enable the demanding State te enforce its lavs,anl its rights are paramoum te those ef the State where the accused is found... 2ud.e If the assent of the executive authority of the State inte ) which the fugitive has fled sheuld be deemed essential or advisable,Com- |. ~ eress could restrict tle extradition preeceedings to the determination solely ef the legal sufficiency ef the indictment or affidavit in charging a crime,and could eliminate therefrom all iseues ef fact, Syrdeo Congress may,if it desires, preserve uhte the States their present power te grant requisitions im proceedings that arise withia the dutied of their lecal efficialg,and my limit the Vederal agente te the arrest and deliv ef the fugitives to the State authoritiés, subject to their actiem upen the requisition demand: 4th.- If a hearing “pon the application should be deemed neces-