United States Supreme Court Cases & Opinions

U.S. Supreme Court

Marbles v. Creecy, 215 U.S. 63 (1909)

Marbles v. Creecy

No. 23

Submitted November 5, 1909

Decided November 15, 1909

215 U.S. 63

Syllabus

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.

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.

The executive of the surrendering state need not be controlled in the discharge of his duty by considerations of race or color, or, in the

Page 215 U. S. 64

absence of proof, by suggestion that the alleged fugitive will not be fairly dealt with by the demanding state. 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.

The facts are stated in the opinion.

Page 215 U. S. 65