26 FEDERAL REPORTER.
at the policy and the manner in which the insurance was taken, the
name of the vessel has little to do with the risk, and I do not see the
mischief supposed to result in this case. It is true the rate of pre-
mium depends upon the character of the vessel, the port of destina-
. tion, the season of the year, and circumstances tending to increase or
diminish the hazards, but I do not think the circumstances in this
case, that the vessel had been chartered and recently brought into
the line, was calculated to increase the risk. If she was fully equal
to the other vessels in the class, and had efficient officers and a com-
petent crew, the degree of hazard is not greater. The evidence is
complete and conclusive on these points. But the language of the
certincate does not limit the shipment on vessels at that time com-
prising the 11ne. For anything appearing to the contrary, the com-
pany could sell out all its vessels and purchase or charter new ones,
and operate them, and the shipment on a vessel of the line thus con-
structed would satisfy the terms of the policy. The only restriction
1B that the flour must be laden on some vessel of the line of the
Great Western Steam-ship Company. This is a reasonable con-
struction of the contract, and the testimony of the officers of this and
other insurance companies about the increase of hazard upon char-
tered vessels, cannot affect itsrterms and conditions. ,
Judgment for plaintiff for amount claimed in proof of loss, with
mterest and costs.
ir In rc Ross. T
(Circuit Court, D. California. January 19, 1884.)
1. Foerrrvns mom Jusrrca Annnsrno mn Rmrormnn onnnn Laws or rms
Unrrnn Srxrns.
The governor of a state, in issuing a warrant for the arrest of a fugitive from
justice, the officer who makes the arrest, and the party commissioned to receive
the fugitive and deliver him to the authorities of the state in which the oiiense
is charged to have been committed, in pursuance of the provisions of sections
5278 and 5279 of the Revised Statutes, act under the authority of the laws of
the United Sta-tes,.and pro hac vice are oiiicers or agents of the United States.
2. Wmr or- Hnsnss OOHPUB—JURIBDICTION.
Where a petition for a writ of habeas corpus presented to a state judge or
court by a party in the custody of one claiming, in good faith, to be authorized
to deliver him to the authorities of another state, as a fugitive from justice,
` in pursuance of the provisions of said sections, shows upon its face that the
petitioner is so held in custody under such claim made in good faith, the state
judge or court has no jurisdiction to issue the writ. The jurisdiction in such
case is exclusively in the courts of the United States.
8. SAME-Dora or Cnsronrm.
» Where a writ of habeas corpus has been issued by a state judge or court, and
been served on the party having the custody of such alleged fugitive, it is the
duty of such custodian to make full return to the writ as to the authority un-
der which he holds the prisoner, and to exhibit to the court the original papers
evidencing his authority, and respectfully decline to produce the body of the
prisoner; and if it appears from said return, or said petition and return, that