The Dallas daily herald. [volume] (Dallas, Tex.) 1873-1887, 1885-02-20
THE LOCAL NEWS REPORT.
sAuM's APPRoAcHlNe.HEARlNe
ssme of the Points Involved in the Extra
dition Questionable Professional
Juror to be Quarantined Mt
Last = miscellaneous.
Tho Baum Case.


The preliminary hearing in tho Baum
extradition case viii be had, and proba-
bly, be disposed of, at Chatham, Onta-
rio, next Saturday. There are two diff
ferent sets of extrsdition laws, under
either of which he may be eXtradited;
the first being the International extra.
dition treaty between Great Britain and
the United States, under which our gov
ernment may, as q matter of right, de-
mand the delivery up or return OF
any fugitive guilty of arson,
who has fed the country and is in Can-
ada. The second, or statutory laws,
peculiar to Canada, under which our
government may apply for the oxtradi-
tion OF might've, guilty of swindling,
which application, it is tho exclusive
right OF the Canadian government to
grant or refuse ut its own discretion or
option. Under the first, or inter-
national treatise, while as a mat
ter OF right the United States
government may demand q fngi-
tive,still certain formal requirements
contained in the treaties must be con-
formed to III order TO rsndtr the demand
effective. That is, q certified copy of the
indictment or compliant, as the case
may be, must be supported by the orig
dispositions which were taken in the
grand jury room or magistrates court
at the Time the Indictment was found
or the complaint was filed. Under this
treatise IL IL impossible to extrsdite
Baum for arson, Tor which he stands in
dicted in this county, If technicalities are
insisted on, for the reason that in Texas
no dispositions are taken before grand
jury, and none are taken when COM
plant il first filed. Under the second
or Canadian statutes, the same rule OBJ
tains as 10 formal requirements. 1t will
be seen, therefore, that man cannot be-
extradited FROM Canadl for any oifcnse
committed in Texas, II, as stated, lit.
oral conformity to eXtradition laws is
exacted. The authorities here,
however, are OF the opin-
ion that in Baum's case
teehnicalities will not he insisted upon.
Acting upon this theory papers have
been carefully prepared under the spirit
OF the eXtrNdiLiOu laws, for arson and
swindling and forwarded to Chatham
anticipating possible failure under the
papers as prepared, owing to the difficult
ties mentioned; witnesses and docu-
mentdry evidence to DO used in our in
dependent application Tor extraditlon,
We're also sent.
Our officers say that the extradition
treaty would he an absurdity If, while
1t granted aud secured TO us the right
TO follow crimiuais into foreign cUun-
try, II cGntsined technical provisions
impossible to ba complied with, and
yet compliance herewith de-
manded. IL seems the governor
has no authority under our
laws to send an accredited representa-
tive to appear in the ease at Chatham.
Our county attorney will not, therefore,
60. While no thinks IL would have
been safer for the state 60 have been
represented, yet he believes that
the papers and witnesses sent
from here, with proper man
agement on tho part of the crown bar
rister q Chatham under reasonable
construction of the eXtradition laws,
will be sufficient TO secure the return of
samuel OF Posen," or as he is COM
monty known, +. Baum.