The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1876-05-03
WASHINGTON.
Another Statement from Miles in the
Safe Burglary Conspiracy.
BABCOCK THE INSTIGATOR.
Evidences Of General Schenck's Specua-
tons in Emma Mine Stock
INTERESTING LETTERS FROM LONDON.
Probable lbrogatien Of the Extradition
Treaty With Great Britain.
4 Big INDIAN FIGHT ANTICIPATED.
INTERESTING LETTERS FROM LONDON.
4 Big INDIAN FIGHT ANTICIPATED.
FROM OUR SPECIAL CORRESPONDENT.

WASHINGTON, Nay 2, 1874
11x1AprrToN WITH xSGI.AND-MR yIsH's An
GuMxxT TO BIZ SENT TO THE Housx-PBoB-
ABLE ABRooArIoN OF THE TREATY.
The closing note Of Secretary Fish In regard 70 the
sxtradton question, which was received In London
last Friday or Saturday, win probably be sent 70 the
House tomorrow. Mr. Faulkner, OF the Foreign
Affairs Committee says 10 . remarkably able argu-
ment showing that the true construction Of tho
tradition clause OF tho treaty OF 1912 warrants entirely
shs position Of the United States refusing make
che agreement required by the British government,
AID that the demand OF the British authorities Is
srary TO precedent and to the practice under the
Treaty heretofore, and would, in fact work change in
The treaty which party 10 . treaty has right to
ask Of the other. Mr. Faulkner thinks that when the
correspondence on this subject ID submitted 10 Con-
gress tho position of the State Department will be
recognized ~ just and well sustained, and that
sourse will be left except JOINT resolution declaring
The extradition clause Of the present treaty abrogated
The treaty that this article sha continue
In force until the other Of the parties shall
signfy It's wish to terminate it, and no longer Hence
there ia trouble about immediate abrogatIon 1t
Will be difficult to arrange another extraditon treaty
with England IL she insists that its shall con-
form with the act of Parliament OF 1870, this would
involve guarantee to trials held in State courts
country.
DECIsIoN IN THE KILBoURx Casa BILL TO
AMEND THE PREsxNT LAW REGARDING REcu-
SAINT WITNESSES.
The Judiciary Committee Of the House to-day took
m the Hallcss Knbourn matter and It was decided
that the chairman should tomorrow repors resolution
directing tho TO take immediate steps
10 appeal from the decision OF Judge Cartier who was
sitting presiding judge of the Criminal Court to the
Supreme Court Of tho District in banc.
AessrA Knott. Lynde and Lawrence were appointed
subcommittee to report tomorrow 10 the tul COM
nittss bill 70 mcet the various features OF this
easa Mr.. Lawrence has proposed u bill of
which the hrst section provides, that whenever
any person shall be detained imprisoned by order Of
the senate Of the United States Of the House OF
Representatives he shall Be entitled the privileges or
she writ Of habeas corpus, and the Sergeantat
o. other od,cer or person having she custody Ct any
person detained imprisoned SHALL in obsdisnce
toa writ Of habeas corpus produce the court judge
justice who issued the the body Of the person
% detained, without any order for that purpose from
said Senate House Of Representatives. The appca-
ton for such writ by in behalf Of said person so i'm
prisonsd or detained shall be made in tho first in
stance, to the Chief Justice OF tho Supreme Court
sf tho United States, or any justice OF tho su-
yreme Court OF the United States or the absence
f these from the city Of Washington In Of dis
ability the application shall be made to the Supreme
Court ofthe District OF Columbia to tho Chief JUS
Nce or any associate justice thereof
The second section provides in all cases for an ap-
pcal from the Supreme Court OF the District to the
United statcs Supreme Court and the third section
meets the difficulty which tho House has found in con
tiauing the punishment Of KIlbourn by providing
that the Speaker Of the House shall not certify the
OF recusant witness to the District
Attorney until the close OF the session
or until the House orders him TO do
20 The second section Ia believed by lawyers who
have looked into the matter be necessary because
there is no way provided by which the KiIbourn
base could be appealed to the United States Supreme
Court It Is probable that there will be debate in the
House upon the whole question OF the right OF branch
Of Congress to hold witness under the present law,
for Though the decision OF Judge Cartier has the as
cent Of the larger number OF members thcrs are some
who believe him entirely In the wrong