644
THE GREEN BAG
the states have a reserved power to act con cerning fugitives from justice, in cases entirely outside the scope of the constitu tional provision. Whether, in case of ren dition under state legislation, the rule con cerning the charges on which the prisoner may be tried would be the same as in cases of interstate rendition under the federal Constitution and statute, or the same as in cases of extradition from foreign countries, is not material. If the rule were different from that applied under the federal statute, there would be no conflict with that statute or the Constitution, for neither would have any bearing on the case. In both the last named cases, nothing is considered but the obligation of states to deliver up fugitives under the Constitution, and their relation ship in the light of such obligation. It is
submitted that the opinion of the court on these matters throws no light upon the question of the right of a state to act in a case entirely outside the obligation imposed by the Constitution. In the absence of much direct authority upon the constitutional question here treated, the matter must necessarily be argued from analogy. The examination here given is of course but slight and cur sory, in view of the vast field from which such arguments may be drawn. It would appear that the only complete remedy for the defect discussed is an amendment to the Constitution of the United States. Since this remedy is so difficult to apply, the proposed remedy by state legislation should be carefully considered. Boise, Idaho, October, 1907.
