In re Wright

Citations

• 123 F. 463
• 1903 U.S. App. LEXIS 4021

Syllabus

<p>1. Extradition—Construction op Treaty with Great Britain—Laws op Country.</p> <p>The treaty of 1889 (26 Stat. 29) between Great Britain and the United States, which provides for extradition for certain acts of fraud, “made criminal by the laws of both countries,” does not by such phrase limit the right of England to extradition by this country to persons charged with acts which are made criminal by the laws of the United States, but must be construed in the light of the well-understood fact that under our system of government the power of the federal government to legislate with respect to crimes is limited, while the power of the states to legislate with respect to other offenses is recognized; and when, by the law of England and by the law of the state in which a fugitive from English justice is found, the fraudulent acts with which he is charged are made criminal, he is fairly within the treaty.</p> <p>2. Same—Power op Circuit Courts—Admission to Bail.</p> <p>In the absence of legislation conferring it, Circuit Courts of the United States are without power to admit to bail persons arrested for extradition under a treaty with a foreign government.</p> <p>¶ 2. See Extradition, vol. 23, Cent. Dig. § 14.</p>