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· 1/4/1909

New York Ex Rel. Kopel v. Bingham

Citations

  • 211 U.S. 468
  • 29 S. Ct. 190
  • 53 L. Ed. 286
  • 1909 U.S. LEXIS 1775

Syllabus

<p>Under § 17 of the act of April 12, 1900, c. 191, 31 Stat. 77, 81, the governor of Porto' Rico has the same power that the governor of any organized Territory has to issue requisitions for the return of fugitive criminals under § 5278, Rev. Stat.</p> <p>■While subd.-2, §2,■•Art. IV, Const. U. S., refers in terms only to the States, Congress, by the act of February 12, 1793, c. 7,- 1 Stat. 302-, now § 5278, Rev. Stat., has provided for the demand and surrender of fugitive criminals by governors of Territories as well as of States, and the power to do so is as complete with Territories as with States. Ex parte Reggel, 114 U. S. 642.</p> <p>Section 5278, Rev. Stat.; will not be construed so as to make territory of the United States ah asylum for criminals, and that section is not locally inapplicable to Porto Rico within the meaning of § 14 of the act of April 12, 1900, c. 191, 31 Stat. 77, 80.</p> <p>Porto Rico, although not a Territory incorporated into the United States, is a completely organized-.Territory.</p>

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • construing predecessor statute to § 3182 to expand constitutional language beyond “States only” to “the Territories as well as [ ] the States”
  • citing, with approval, Ex Parte Morgan, 20 F. 298, 305 (W.D.Ark.1883), which held that the Cherokee Nation was not a “territory” within the meaning of the federal extradition statute
  • citing, with approval, Ex Parte Morgan, 20 F. 298, 305 (W.D.Ark.1883), which held that the Cherokee Nation was not a “territory” wnthin the meaning of the federal extradition statute
  • Puerto Rico is a territory under Lane definition for purposes of extradition of fugitive criminal
  • \. . . Porto Rico is a completely organized Territory . . .\
  • “. Porto Rico is a completely organized Territory .”

Source: CourtListener parenthetical corpus (CC0).

Judges: Fuller

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