This is an extradition case.
Appellant is charged in the State of Arkansas with an offense defined in the statutes of that state as the crime of failing to discharge a materialman’s lien. Arkansas Statutes 51-601.
The Governor of Arkansas, in his requisition, certified that appellant was charged in that state “by affidavit, information and warrant” with said offense. Copies of the affidavit, information and warrant, certified as authentic by the Governor, accompanied the requisition.
It was stipulated that appellant was the person charged in the state of Arkansas and named in the extradition warrant.
The record shows that the Constitution of the State of Arkansas now provides that all offenses may be prosecuted either by indictment by a grand jury, or information filed by the prosecuting attorney. Const. Ark. Amend. No. 21.
*245It is appellant’s contention that, notwithstanding the amendment of the Arkansas Constitution, permitting prosecution by information, under Sec. 3 of Art. 1008a, V.A.C.C.P., there must still be an indictment or an information supported by affidavit in order to extradite a fugitive.
The information was filed on February 4, 1954. Unlike the information known to the Texas Code, it is made under oath, and itself constitutes an affidavit to the effect that appellant on December 14, 1951, as a principal contractor and after having been paid the contract price, unlawfully, wilfully and feloniously failed to discharge a materialman’s lien for materials furnished to him and installed on the property of a certain corporation and by virtue of his failure said corporation was forced to pay the $29,060.00 lien after having previously paid appellant the contract price.
This the Governor of Arkansas certifies to be a crime under the laws of Arkansas, from which state appellant fled to Texas.
If this information is not in itself sufficient without an affidavit of some person other than the prosecuting attorney, previously or contemporaneously made and filed, another affidavit made by the prosecuting attorney more fully setting out the facts upon which the state relies was filed on the same day the requisition was issued by the Governor of Arkansas. Also on that day an affidavit was made by E. N. Kimes, plant manager for the named corporation, setting forth fully the facts and the failure of appellant which constitutes the crime in question under Arkansas law.
These affidavits dated February 10, 1954, as well as the information filed February 4, 1954, were attached to the request of the prosecuting attorney for requisition, and were made a part of such requisition.
The cases cited by appellant are to the effect that where there is no showing that the laws of the demanding state are different to those of Texas, and where there is no affidavit to support the information, or where the extradition papers show that the demand is supported by information alone and not by complaint or indictment, the extradition is invalid. See Ex parte Cherry, 155 Texas Cr. R. 324, 234 S.W. 2d 1011; Ex parte Chittenden, 124 Texas Cr. R. 228, 61 S.W. 2d 1008, and cases cited, and Ex parte Gardner, 159 Texas Cr. R. 365, 264 S.W. 2d 125.
*246The fact that the laws of Arkansas authorize prosecution by information alone; that the information is in itself an affidavit; that another affidavit of the prosecuting attorney was on file and these and the affidavit of Kimes were before the Governor when he issued the requisition certifying that appellant stood charged by “affidavit, information and warrant” distinguish this case from the decisions cited.
Appellant vigorously insists that the Arkansas statute is unconstitutional and void, and that the extradition papers show on their face that this is an attempt to enforce a private claim and to imprison him for not paying a money debt.
The Governor of this state, in his warrant, declares that the Governor of Arkansas, in pursuance of the Constitution and Laws of the United States, has demanded the arrest and delivery to the agent of the state of Arkansas of this appellant, who stands charged with the crime of failing to discharge a material-man’s lien committed in that state, and that said demand was accompanied by a copy of the affidavit, information and warrant under which he was so charged, duly certified as authentic by the Governor of Arkansas.
The requisition of the Governor of Arkansas certifies the offense charged against appellant to be a crime in that state, and that appellant is a fugitive from justice.
In the light of these recitations, we cannot agree that the record shows that the prosecution is not in good faith but was for the collection of a debt and not for the purpose of prosecuting appellant for a crime.
The constitutionality of the Arkansas statutes is not for this court to decide. That question must be reserved for the Arkansas Courts and the Supreme Court of the United States.
We hold that appellant is not illegally restrained and that the trial court did not err in remanding him to be returned to Arkansas.
The judgment is affirmed.