Ornelas v. Ruiz
Citation | 16 S.Ct. 689,161 U.S. 502,40 L.Ed. 787 |
Decision Date | 16 March 1896 |
Docket Number | No. 622,622 |
Parties | ORNELAS, Consul, v. RUIZ et al |
Court | United States Supreme Court |
Habeas corpus proceedings by Inez Ruiz, Jesus Guerra, and Juan Duque. From a judgment discharging said petitioners, Plutarco Ornelas appeals. Reversed.
On complaints made by Plutarco Ornelas, consul of the republic of Nexico, charging Juan Duque, Inez Ruiz, and Jesus Guerra with the commission of murder, arson, robbery, and kidnapping, at the village of San Ygnacio, in the state of Tamaulipas, republic of Mexico, on December 10, 1892; that they were fugitives from justice of the state of Tamaulipas and the republic of Mexico, and had fled into the jurisdiction of the United States for the purpose of seeking an asylum; and that the alleged crimes were enumerated and embraced in the treaty of extradition then in force between the United States and the republic of Mexico,—warrants were issued by L. F. Price, commissioner of the circuit court of the United States for the Western district of Texas, duly authorized, for their apprehension, on which they were arrested and brought before the commissioner to answer the premises, and to be dealt with according to law and the provisions of the treaty. The cases were heard, and the commis- sioner found that the evidence was sufficient, in law, to justify their commitment on such charges, and that they should be placed in custody to await the order of the president of the United States in the premises.
Thereupon Ruiz, Guerra, and Duque applied to the district court of the United States for the Western district of Texas for writs of habeas corpus, alleging that they were unlawfully restrained of their liberty by the United States marshal for that district, and praying that they be released.
The writs were issued, and the marshal made his return, showing that he held petitioners by virtue of warrants issued by the United States commissioner, on the application of the Mexican government for their extradition on the aforesaid charges. With the writs of habeas corpus were issued writs of certiorari directing the commissioner to send up the original papers and a transcript of the testimony on which the prisoners were committed. This was done, and, on consideration of the cases, the district court held, on the evidence, that the offenses with which petitioners were charged were purely political offenses, for the commission of which petitioners were not extraditable, and entered a final order discharging petitioners from the custody of the marshal, on giving bond for their appearance to answer the judgment on appeal. From this final order, the consul of the republic of Mexico prayed an appeal to this court
The following are articles of the extradition treaty between the United States and the republic of Mexico, proclaimed June 20, 1862:
'Neither of the contracting parties shall be bound to deliver up its own citizens under the stipulations of this treaty.'
J. H. McLeary, for appellant.
T. J. McMinn, for appellees.
Mr. Chief Justice FULLER, after stating the facts in the foregoing language, delivered the opinion of the court.
The republic of Mexico applied for the extradition of these petitioners by complaints made under oath by its consul at San Antonio, Bexar county, Tex., under section 5270 of the Revised Statutes. The official character of this officer must be taken as sufficient evidence of his authority, and, as the government he represented was the real party interested in resisting the discharge, the appeal was properly prosecuted by him on its behalf. Wildenhus' Case, 120 U. S. 1, 7 Sup. Ct. 385. As the construction of the treaty was drawn in question, the appeal was taken directly to this court, and the district court rightly required petitioners, under rule 34, to enter into recognizance for their appearance to answer its judgment.
The legislative provisions on the subject of extradition are to be found in ...
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