Ex parte Layne

MORTON, District Judge.

This case was heard on the petition for the writ, the motion to dismiss, and the answer. , Such evidence was introduced as either party desired to offer.

The facts are similar to those in the Crowley Case, 268 Fed. 1016, with which this was heard, except that no question is made but what Payne was in the state of Michigan at the time alleged in the complaints. The only points relied on in his behalf are that the provisions of R. S. § 5278 (Comp. St. § 10126)', and of the Michigan statutes (Comp. Paws 1915, § 15891), require the expenses of extradition to be paid by the…