People of the State of New York Ex Rel Abraham Kopel v. Theodore Bingham, No. 167

CourtUnited States Supreme Court
Writing for the CourtFuller
Citation211 U.S. 468,53 L.Ed. 286,29 S.Ct. 190
Decision Date04 January 1909
Docket NumberNo. 167
PartiesPEOPLE OF THE STATE OF NEW YORK EX REL. ABRAHAM KOPEL, Plff. in Err., v. THEODORE A. BINGHAM, Police Commissioner of the City of New York

211 U.S. 468
29 S.Ct. 190
53 L.Ed. 286
PEOPLE OF THE STATE OF NEW YORK EX REL. ABRAHAM KOPEL, Plff. in Err.,

v.

THEODORE A. BINGHAM, Police Commissioner of the City of New York.

No. 167.
Argued October 26, 1908.
Decided January 4, 1909.

Page 469

Mr. Alfred R. Page for plaintiff in error.

[Argument of Counsel from pages 469-470 intentionally omitted]

Page 471

Messrs. Robert C. Taylor and Robert S. Johnstone for defendant in error.

[Argument of Counsel from page 471 intentionally omitted]

Mr. Chief Justice Fuller delivered the opinion of the court:

September 11, 1906, Kopel was taken into custody by defendant in error, Bingham, who is the police commissioner of the city of New York. The arrest was made in pursuance of a rendition warrant issued by the governor of the state of New York, which recited that Kopel was charged with having committed embezzlement in Porto Rico; that he had fled therefrom and taken refuge in New York; and that his return had been lawfully demanded by the governor of Porto Rico.

Kopel thereupon sued out a writ of habeas corpus from the supreme court of the state of New York. Bingham made

Page 472

return to the writ, and set up the rendition warrant as his authority for detaining the prisoner. Kopel demurred to the return as insufficient in law, and that the governor's warrant had been issued without authority, etc. The matter coming on at special term before Truax, J., the demurrer was overruled and the writ dismissed, and the police commissioner directed to deliver Kopel to the agent of Porto Rico, to be conveyed back to Porto Rico.

From this order Kopel appealed to the appellate division of the supreme court in the first department, and the order of Judge Truax was unanimously affirmed.

Kopel then appealed to the court of appeals, which affirmed the order below. The record was remitted to the supreme court, to be proceeded upon according to law, and thereupon the order of the court of appeals was made the order of the supreme court, whereby it was ordered that the original order of the supreme court, which had been affirmed, should be enforced and carried into execution and effect. To this order, upon the remittitur, this writ of error is addressed.

The questions involved are whether the governor of Porto Rico had power and authority to make a requisition upon the governor of the state of New York for the arrest and surrender of the fugitive criminal of Porto Rico who had taken refuge in the state of New York, and whether the governor of the state of New York had power and authority to honor such requisition and to issue his rendition warrant for the arrest and surrender of such fugitive.

Section 5278 of the Revised Statutes (U. S. Comp. Stat. 1901, p. 3597) reads as follows:

'Whenever the executive authority of any state or territory demands any person as a fugitive from justice, of the executive authority of any state or territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any state or territory, charging the person demanded with having committed treason, felony, or other crimes, certified as authentic by the governor or chief magistrate of the state or territory from whence the

Page 473

person so charged has fled, it shall be the duty of the executive authority of the state or territory to which such person has fled to cause him to be arrested and secured, and to cause notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear.'

By § 827 of the Code of Criminal Procedure of New York it is provided:

'It shall be the duty of the governor, in all cases where, by virtue of a requisition made upon him by the governor of another state or territory, any citizen, inhabitant, or temporary resident of this state is to be arrested as a fugitive from justice . . . to issue and transmit a warrant for such purpose to the sheriff of the proper county . . . (except...

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38 practice notes
  • In re Packaged Seafood Prods. Antitrust Litig., Case No.: 15-MD-2670 JLS (MDD)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • September 5, 2018
    ...was used in a federal letters of administration statute."Wilson , 127 F.3d at 808. By contrast, in New York ex rel. Kopel v. Bingham , 211 U.S. 468, 474–75, 29 S.Ct. 190, 53 L.Ed. 286 (1909), the Court cited with approval a district court opinion that held the Cherokee Nation was not a "ter......
  • United States v. LebróN-Caceres, CRIMINAL NO. 15-279 (PAD)
    • United States
    • U.S. District Court — District of Puerto Rico
    • January 14, 2016
    ...States, 199 U.S. 521 (1905); Grafton v. United States, 206 U.S. 333 (1907); Kent v. Porto Rico, 207 U.S. 113 (1907); Kopel v. Bingham, 211 U.S. 468 (1909); Dowdell v. United States, 221 U.S. 325 (1911); Ochoa v. Hernández, 230 U.S. 139 (1913); and Ocampo v. United States, 234 U.S. 91 (1914)......
  • U.S. v. Pollard, No. Crim. NO. 2001-190.
    • United States
    • United States District Courts. 3th Circuit. District of the Virgin Islands
    • June 18, 2002
    ...1084 (1907); Kent v. People of Porto Rico, 207 U.S. 113, 28 S.Ct. 55, 52 L.Ed. 127 (1907); People of New York ex rel. Kopel v. Bingham, 211 U.S. 468, 29 S.Ct. 190, 53 L.Ed. 286 (1909); Dowdell v. United States, 221 U.S. 325, 31 S.Ct. 590, 55 L.Ed. 753 (1911); Ochoa v. Hernandez, 230 U.S. 13......
  • United States v. Lebrón-Caceres, CRIMINAL NO. 15-279 (PAD)
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • January 14, 2016
    ...206 U.S. 333, 27 S.Ct. 749, 51 L.Ed. 1084 (1907) ; Kent v. Porto Rico, 207 U.S. 113, 28 S.Ct. 55, 52 L.Ed. 127 (1907) ; Kopel v. Bingham, 211 U.S. 468, 29 S.Ct. 190, 53 L.Ed. 286 (1909) ; Dowdell v. United States, 221 U.S. 325, 31 S.Ct. 590, 55 L.Ed. 753 (1911) ; Ochoa v. Hernández, 230 U.S......
  • Request a trial to view additional results
36 cases
  • In re Packaged Seafood Prods. Antitrust Litig., Case No.: 15-MD-2670 JLS (MDD)
    • United States
    • United States District Courts. 9th Circuit. United States District Court (Southern District of California)
    • September 5, 2018
    ...was used in a federal letters of administration statute."Wilson , 127 F.3d at 808. By contrast, in New York ex rel. Kopel v. Bingham , 211 U.S. 468, 474–75, 29 S.Ct. 190, 53 L.Ed. 286 (1909), the Court cited with approval a district court opinion that held the Cherokee Nation was not a "ter......
  • United States v. LebróN-Caceres, CRIMINAL NO. 15-279 (PAD)
    • United States
    • U.S. District Court — District of Puerto Rico
    • January 14, 2016
    ...States, 199 U.S. 521 (1905); Grafton v. United States, 206 U.S. 333 (1907); Kent v. Porto Rico, 207 U.S. 113 (1907); Kopel v. Bingham, 211 U.S. 468 (1909); Dowdell v. United States, 221 U.S. 325 (1911); Ochoa v. Hernández, 230 U.S. 139 (1913); and Ocampo v. United States, 234 U.S. 91 (1914)......
  • U.S. v. Pollard, No. Crim. NO. 2001-190.
    • United States
    • United States District Courts. 3th Circuit. District of the Virgin Islands
    • June 18, 2002
    ...1084 (1907); Kent v. People of Porto Rico, 207 U.S. 113, 28 S.Ct. 55, 52 L.Ed. 127 (1907); People of New York ex rel. Kopel v. Bingham, 211 U.S. 468, 29 S.Ct. 190, 53 L.Ed. 286 (1909); Dowdell v. United States, 221 U.S. 325, 31 S.Ct. 590, 55 L.Ed. 753 (1911); Ochoa v. Hernandez, 230 U.S. 13......
  • United States v. Lebrón-Caceres, CRIMINAL NO. 15-279 (PAD)
    • United States
    • United States District Courts. 1st Circuit. District of Puerto Rico
    • January 14, 2016
    ...206 U.S. 333, 27 S.Ct. 749, 51 L.Ed. 1084 (1907) ; Kent v. Porto Rico, 207 U.S. 113, 28 S.Ct. 55, 52 L.Ed. 127 (1907) ; Kopel v. Bingham, 211 U.S. 468, 29 S.Ct. 190, 53 L.Ed. 286 (1909) ; Dowdell v. United States, 221 U.S. 325, 31 S.Ct. 590, 55 L.Ed. 753 (1911) ; Ochoa v. Hernández, 230 U.S......
  • Request a trial to view additional results
2 books & journal articles
  • The Insular Cases Run Amok: Against Constitutional Exceptionalism in the Territories.
    • United States
    • Yale Law Journal Vol. 131 Nbr. 8, June 2022
    • June 1, 2022
    ...from its quotation of the Arkansas court in a case involving one of the new unincorporated territories. New York ex rel. Kopel v. Bingham, 211 U.S. 468, 475 (1909). I thank Neil Weare for pointing this out to me. As for the possible exception of Alaska, as noted earlier, see supra note 47, ......
  • Puerto Rico's Political Status Under Its New Constitution
    • United States
    • Political Research Quarterly Nbr. 5-4, December 1952
    • December 1, 1952
    ...was in force for too brief a period to reveal its practical significance. 3 Downes v. Bidwell, 182 U.S. 244 (1901); Koppel v. Bingham, 211 U.S. 468 (1909); Balzac v. People Puerto Rico, 258 U.S. 298 (1922). Cf. Marcos A. Ramírez, "Los Casos Insulares," Revista Jurídica de la U......

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