Valentine v. United States Ex Rel. Neidecker, 299 U.S. 5 (1936)

Valentine v. United States ex rel. Neidecker

No. 6

Argued October 12, 13, 1936
Decided November 9, 1936 *
299 U.S. 5

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE SECOND CIRCUIT

Syllabus

1. The Executive has no power to extradite fugitive criminals save such as is conferred by treaty or by Act of Congress. P. 7.

2. The Act of Congress defining the procedure in extradition cases confers no power on the Executive to surrender any person to a foreign government where no extradition treaty or convention provides for such surrender. P. 9.

3. By Article I of the extradition treaty (1909) with France, the two governments mutually agree to deliver up "persons" charged with any of the specified offenses. Article V declares that neither party "shall be bound" to deliver up its own citizens under the stipulations of the convention.

Held

(1) That citizens of the respective parties are thus excepted from the agreement to deliver. P. 10.

(2) No grant to our Executive of discretionary power to surrender citizens of the United States can be implied from anything in the treaty. Id.

(3) History and practice negative the existence of such implied discretionary power. P. 13.

81 F.2d 32 affirmed.

Certiorari, 298 U.S. 647, to review judgments which reversed judgments of the District Court dismissing writs of habeas corps sued out by the respondents and remanding them to the custody in which they were, held under preliminary warrants of extradition.