in the circuit court to inquire as to the motives guiding or controlling the action of the governors of the demanding and surrendering states….³⁰

Justice McKenna (dissenting); In the case at bar, the states, through their officers, are the offenders. They by an illegal exertion of power deprived the accused of a constitutional right…. And Constitutional rights the accused certainly did have. The foundation of extradition between the states is, that the accused should be a fugitive from justice from the demanding state, and he may challenge the fact by habeas corpus immediately upon arrest. If he refute the facts, he cannot be removed…. It is the right to be free from molestation. It is the right of personal liberty in its most complete sense…. No individual could have accomplished what the power of the two states accomplished … could have made two arrests of prominent citizens by invading their homes; could have commanded the resources of jails, armed guards, and special trains; could have successfully timed all acts to prevent inquiry and judicial interference…. At the first instant that the State of Idaho relaxed its restraining power, he invoked the aid of habeas corpus. He should not have been dismissed from court.³¹

THE ILLEGAL EXTRADITION OF JOHN J. MCNAMARA

On the afternoon of Saturday, April 22, 1911, a requisition for the return to California of John J. McNamara of Indianapolis was presented to the Governor of Indiana. McNamara was charged with complicity in an alleged dynamite explosion in Los Angeles, and with being a fugitive from justice. At 5:30 o'clock of the same afternoon when the higher courts were adjourned and would not again be opened for 36 hours, McNamara was arrested … taken before a police judge, and after having been denied counsel was turned over to the Los Angeles authorities by whom he was rushed out of the city…. McNamara was not a fugitive from justice. It was not seriously contended that he was in Los Angeles at the time of the Llewellyn explosion. The Governor of Indiana made no proper effort to determine whether McNamara