CO129-399 - Governor Sir May - 1913 [1-2] — Page 250

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"A person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up to be removed to the State having Jurisdiction of the Crime".

This is supreme law and takes the place of treaty agreements. To- -gether with the statute defining the procedure (Sections 5278 et seq. Revised State.) it is the whole law of inter state extradition. But for

the fact that it covers every crime and is enforced in the state courts

it is similar to International extradition.

One Kurtz was arrested January 19, 1686, on & J. P. warrant as a fugitive from New York. On January 20th. writ of Habeas Corpus was

issued. On its return prisoner was remanded not to exceed ten days. On

the 26th. the same judge issued another rrit to which the sheriff return

-ed that prisoner was held by virtue of a warrant of the J.P. and

further returned that he was held by virtue of a warrant from the

Governor of Florida. The judge discharged prisoner. He was rearrested

January 29th. and another writ was issued. He was discharged because

the commitment was defective. On the 30th.. he was once more arrested

and another writ was issued. To this, sheriff returned, February 8,

that Kurtz was held by virtue of a warrant issued by the Governor of Florida dated February second commenting him to arrest and deliver prisoner to the agent of the State of New York. After hearing the judge remanded prisoner to be dealt with in accordance to Governor's warrant. From this order prisoner appealed.

The court, among other thing, says:

"Counsel also insists t.at the former discharges of Kurtz by the Judge below had the force and effect of res adjudicata and that he could not be arrested a second time for the

same charge.

"We have examined the numerous authorities submitted by

counsel as well as others referred to in the text-books, and while it seems that in those States where a judgment of a court in a habeas corpus proceeding discharging or remand-