7884
STATE   OK   IOWA.
EXECUTIVE DEPAirrMENT.
Dee Moiues, June 1, 1883.
To His Excellency,
The Governor of^
Your attention is respectfully invited to the following statutes of this state in relation to the arrest and delivery of fugitives from the justice of other states.
Sections 4274 and 4175 of the Code of Iowa are as follows:
*• BBOnoN 4174. No executive warrant Tor the arrest and surrender of any [>ersou, demanded by the executive authority of any other slate or territory as a fugitive from the justice of such slate or territory, and no re<|Uisition uikui the
executive authority of any other state or territory for the surrender of any |>ersou as a fugitive from the justice of this
slate, shall Im- issued, unless the requisition from the executive authority of such other stale or territory, or the application for such requisition upon the executive authority of such other stale or territory, shall l>e accompanied by sworn evidence that the party charged is a fugitive from justice, and by a duly attested copy of an indictment, or a duly attested
copy of a complaint made U-fore a court or magistrate authorized to*receive the same.
*'Si-:_ . 4l7."». Whenever a demand is made u|*in the governor of this stale by the executive of any other state or
territory, iu any ease authorized by the constitution aud laws of Ihe United States, for the delivery of any person charged
in such state or territory with any crime, if such person is not held iu cuslo.l> or under Iwiil to "answer for any offense
ainiiimt the laws of Ihe 1'uited States or of this stale, he-ahall issue his warrant under the seal of the state, authorizing
i In- agent who makes sm'h demand, either forthwith oral such time as may be designated in Ihe warrant, to lake aud transport such person to the line of this state at the excuse of such agent, ami may also by such warrant re«|uire all peace
officers to afford all needful assistance in the execution thereof.**
In compliance with the statute above quoted the executive of Iowa will insist that
every requisition from the executive of another state shall he accompanied.
First. Hy a Duly Certified Copy of »n Indictment, or. if tin indictment lifts not been found, by
a Duly Certified Copy of Uqo Complaint or Information, as evidence thrtt flu- accused in charged in the
regular course of Judicial proceedings.
Second. Hy sworn evidence that the accused has, since the com mission of the, offense with
which he is charged, actually fled from tl"- state making tlie demand, and is a fugitive from justice, and is believed to hare taken refuge in fnira, and that the rei/uisifion is not sought for the,
purpose of collecting a debt, or satisfying some private end. but solely in furtherance of public,
justice.
If Ihe requisition is founded on a complaint or information, the statement of facts must be as explicit and certain
as in an Indictment.
The warrant issued for the arrest and delivery of any jhtsoii under a requisition should lie returned to this office,
with full return by the officer of his doings thereunder.
IUI.K.N R. SHERMAN, Governor.