George Sutherland

“ The government has moved this court to dismiss the appeals or affirm the judgments for lack of substance and on the ground that the appeals were taken solely for delay. The motion to affirm must be sustained. ”

“ St. §§ 8820-8823, 8827-8830) . Proceedings were brought under section 1014, R. S. (Comp. St. § 1674) , before a United States commissioner to remove them from Illinois to the trial district in Ohio. After a hearing the commissioner ordered their discharge for want of probable cause. Subsequently, similar proceedings were instituted before a federal district judge of the Illinois district, and appellants were taken into custody by the United States marshal upon a warrant issued by the district judge. ”

“ The same rule applies in extradition proceedings. In re Kelly (C. C.) 26 F. 852; Collins v. Loisel, 262 U.S. 426, 429, 43 S.C.t. 618, 67 L. Ed. 1062. 'The functions of the commissioner and the court in removal proceedings under section 1014 are of like character and exercised with like effect.' Morse v. United States, 267 U.S. 80, 45 S.C.t. 209, 69 L. Ed. 522. (February 2, 1925) . The utmost that can be said is that the decision of a commissioner favorable to the accused is persuasive and may be sufficient to justify like action upon a second application; but it is not controlling. ”