Marbles v. Creecy

Citations

• 215 U.S. 63
• 30 S. Ct. 32
• 54 L. Ed. 92
• 1909 U.S. LEXIS 1732

Syllabus

<p>The executive of a State upon whom a demand is made for the surrender of a fugitive from justice may act on the papers in the absence of, and without notice to, the accused, and it is for that executive to determine whether he will regard the requisition papers as sufficient proof that the accused has been charged with crime in, and is a fugitive from justice from, the demanding State, or whether he will demand, as he may if he sees fit so to do, further proof in regard to such facts.</p> <p>A notice in the requisition papers that' the demanding State will not be responsible for any expenses attending the arrest and delivery of the fugitive does not affect the legality of the surrender so far as the rights of the accused under the Constitution and laws of the United States are concerned.</p> <p>The executive of the surrendering State need not oe controlled in the discharge qf-.his duty by considerations of race- or color, or, in the absence of proof, by suggestions that the alleged fugitive will not be fairly dealt with by the demanding State.</p> <p>On habeas corpus the court can assume that a requisition made by an executive of a State is solely for the purpose of enforcing its laws and that the person surrendered will be legally tried and adequately protected from illegal violence.</p>