In re Price

• Decision Date: 23 November 1897
• Citation: 83 F. 830
• Parties: In re PRICE.
• Court: U.S. District Court — Southern District of New York

83 F. 830

In re PRICE.

United States Circuit Court, S.D. New York.

November 23, 1897

J Laflin Kellogg, for the motion.

Max J Kohler, Asst. U.S. Atty., opposed.

LACOMBE Circuit Judge.

The return of the marshal shows that he holds two original bench warrants against defendant, issued out of the supreme court of the District of Columbia on indictments, and also a warrant of removal signed by the United States district judge in this district, directing his removal to the District of Columbia; the warrant of removal having been issued under section 1014 of the United States Revised Statutes. It will not be necessary to enter into any discussion of the proposition advanced by the district attorney that bench warrants of the supreme court of the District of Columbia run into every district of the United States, and that, under them, individuals may be seized and transported to Washington without any examination, either as to identity or probable cause, conducted by some proper judicial officer in the district where they may be seized, in accordance with the provisions of section 1014. The method would, no doubt be 'expeditious, logical, and certain.' It would also be intolerably oppressive, and, in the absence either of express legislation or controlling authority, this court is not prepared to assent to the proposition here advanced. In so doing, it concurs with the views expressed by the district court in Re Dana, 68 F. 893. The warrant of removal however, seems to have been properly issued in conformity with the provisions of section 1014. A complaint, sworn to on information and belief, was presented to the United States commissioner, who issued thereon a warrant for the arrest of Price. This complaint averred that on March 31, 1897, he did in the city of Washington, District of Columbia, 'unlawfully and feloniously steal, take, and carry away 1,330 U.S. notes of the denominations and values of five dollars each, 317 United States notes of the denomination and value of one dollar each, 105 United States silver coins of the denomination and value of twenty five cents each, 23 U.S. silver coins of the denomination and value of ten cents each, and 17 U.S. nickel coins of the denomination and value of five cents each, all lawful money of the United States, of the goods, chattels, and money of one Arthur O. Babendrier. ' Price war arrested, and demanded a hearing, and the commissioner proceeded to...