126 Minn. 38 | Minn. | 1914
On demand of the Governor of Wisconsin, the Governor of Minnesota issued a warrant to the sheriff of Hennepin county, commanding him to arrest, detain and deliver to the Wisconsin authorities the relator, Harry L. Fowler. Fowler was arrested, and obtained a writ ■of habeas corpus. After hearing, the district court quashed the writ and remanded relator to the custody of the sheriff under the warrant. The relator appealed from this order.
Appellant claims that the prosecution in Wisconsin for embezzlement was not in good faith, but was for the purpose of enabling a creditor of relator to use the extradition laws to get the debtor back to Wisconsin in order that the debt could be collected. His contention is that the court on habeas corpus can try and determine the question of the good faith of the proceedings, notwithstanding
But in the case before us we are not concerned with the question as to how weighty the evidence that the accused was not a fugitive from justice must be in order to rebut the prima facie case made by the warrant of the Governor. On the hearing the accused made no attempt to show that he was not in Wisconsin at the time the crime was committed, or that he was not a fugitive from the justice of that state. The charge in the petition for the writ is that the complaint upon which the Governor of Wisconsin requested the extradition was made “in bad faith and for the purpose of collection of civil obligation, and not in furtherance of justice or for the prosecution of your petitioner on the crime of embezzlement.” The evidence of relator on the hearing consisted of an affidavit of the accused, and records of two criminal proceedings against him in Minneapolis, and one in Milwaukee, Wisconsin, each of which was dismissed. The affidavit seeks to connect these proceedings with the subsequent charge of embezzlement which is the foundation of the extradition warrant. He claims that the prior Milwaukee proceeding was dismissed upon a settlement with his employer. All of this evidence had a bearing upon the good faith of the last prosecution, but none on the question whether the accused was a fugitive from justice or even upon his actual guilt. That his guilt or innocence could not be tried on habeas corpus is elementary, and it is equally clear that the courts cannot go behind the action of the two Governors on the question of the good faith of the prosecution or of the extradition proceedings. Indeed there is doubt whether the Governor of the state where the fugitive is found has any strict right to refuse a warrant on the ground of bad faith or ulterior motives on the part of the prosecution. As stated by Mr. Justice Mitchell in State v. Toole, 69 Minn. 104, 72 N. W. 53,
The discretion that the Governor has as a practical matter, arising because his duty is one of “imperfect obligation,” is clearly not a descretion in the usual sense. The courts have no power to review the action of the Governor in refusing a warrant, and certainly, when he has obeyed the demand of a requisition valid on its face, there is no right on habeas corpus to try the question of good faith or ulterior motives.
The order appealed from is affirmed. At the request of relator a stay of proceedings for 10 days is granted.