United States Supreme Court Cases & Opinions

U.S. Supreme Court

Kopel v. Bingham, 211 U.S. 468 (1909)

Kopel v. Bingham

No. 167

Argued October 26, 1908

Decided January 4, 1909

211 U.S. 468

Syllabus

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.

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.

Section 5278, Rev.Stat., will not be construed so as to make territory of the United States an 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.

Porto Rico, although not a territory incorporated into the United States, is a completely organized territory.

189 N.Y. 124 affirmed.

The facts are stated in the opinion.

Page 211 U. S. 471