California v. Superior Court of Cal., San Bernardino Cty.

There is no constitutional or statutory reason why the scope of an asylum State’s judicial inquiry need be so narrow that it precludes the grant of habeas corpus in this case. It has been settled for over a century that before the Governor of an asylum State can lawfully comply with a requesting *413State’s demand for extradition, it must appear that the person sought is “substantially charged with a crime” and is also a fugitive from justice. Roberts v. Reilly, 116 U. S. 80, 95 (1885).1 “The first of these prerequisites is a question of law, and is always open upon the face of the papers to…