New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1876-09-16
THE COURTS.

A COMPLICATED EXTRADTTIOE CASE.
THE PRESIDENT AND OTHER UNITED STATES OF
FIcIATs ENJoINED FROM DELIVERING LEOPOLD
NETTEL.
I Leopold Nettel and his son were arrested
here upon tho request OF the Austrian Government for
their cxtraditiOn for charge Of forgery. After pro
longed examination before Commissioner Osborn the
father was held surrender and the discharged
There has been long delay IN actually handing over
Leopold Nette 10 the Austrian authorities, the decision
of Commissioners OSBORN beins dated Jaiy 5, 1879 The
United States Revised Statutes. Section 5273 provide
that where such delay extends beyond go days the per
arrested may apply to either United States or
State court for his discharge. Under this provision Benno
LOewy has procured an order from Judge Westbrook
Of the Supreme court Of this State authorizing Nette to
apply Sept 25 for his discharge, TO state Judge at
supreme Court, Chambers and meanwhile eniohing ths
President rom granting the Secretary Of State from
any mandate for Netteps surrender The question as
stated by Ice WestbrOok TO reporter not CUES
does not all judges mentioned IN 1t the duty OF
inquirng whether man has been held for longer
noiTy The fudge Is not given the power To- Keen tbs
prisoner within bus jurisdiction.
Immediately after Judge WestbrOoks order was
served upon the United states Marshal tue Austrian
Consul appeared at the MaTshals Office with the man.
date of the State DEPARTMENT for Eetels surrender
Chief Clerk Kennedy acting In the absence OF Marsha
ske declined TO take any action IN the matter and the
pressed. Mr. Kennedy said yesterday that II had not
determined what course would be pursued In
tho matter-Whether demand for immediate sur
render the prisoner TO the Austrian Government would
be complied with, whether Nettel would be held 20
await the action OF the State Court Commissioner
Osborn who committed ttel for extradlon, ssd that
under the United States 5tnte the prisoner could be
eased after detention OF 90 days by judge OF tho
state COuTts whether the execution OF mandate
the state Department could be stayed by Injunction
was another question. He thought that the statute
under which Judge WestbfOok acted did not give the
power 10 the State Courts 10 dctan prisoner anst
demand under a mandate rom the STATE Department
PROPERTY OWNERS AND STREET CONTRACTORS
The hearing of three motions to compel the
Commissioner Public Works and the Controller to exc
cute papers rtherance OF street contracts previously
mentioned ia THE TRIBUNE, adjourned until Friday
next In ono OF these cases. where the Commissioner OF
Public Works is asked to execute contract for the regu
lang and grading OF NInetythrds between First and
second-ayes. the chief opposition comes from Edward
Roberta Mr.. Roberts states that he owns all the
property that can be assessed for this Improve
ment on both sides Of Undergraduates Hear
ing IN 1874 that this street was TO De graded and
leave 10 improve the street expense Pend
ing his application he went To Minnesota on business
on his return he told hs application had beon re-
jected and contract awarded. He stated the faets 70
the Controller who refused TO approve the contractors
bonds. Since then he has received permit 60 do the
work. aud has done the filing In part at Just Onefourth
contractors price, saving himself about $1,000 Tho
rest OF the work Is delayed let the Bling SETTLE
Meauwhie the Court of Appeals has ordered the Con-
trOller approve the cOntFotors bonds and the con-
tractor is now applying to compel Conmissoner Camp
bell 20 execute tue contracts Mr. Roberts Insists that
tho does this IL will only throw expense
the city, he himself cannot be further assessed
having used his election do the work himself and
being ready 10 do what more Is necessary.