The Daily bulletin. [volume] (Honolulu [Hawaii]) 1882-1895, 1886-02-11

applies TO treaty that tlinre Is no
evidence that Mccarthy is fugitive
from justice that "this Government
is rot observing due respect to the
United States when it treats one of
the states in all respects as though
it were a sovereign power" and that
there is no authority in law for the
Governor of California to make this
demand.
Mr.. Whiting read the papers in
tile case produced in its various
stages up to this moment; also the
points referred to above. He then
proceeded TO present arguments in
support of his points. Under the
statute, he held, the Court could not
grant the demand without evidence
that would convict here: the only evil
dence presented was an indictment,
and that was no evidence. There was
no evidence that petitioner was
fleeing from justice, as the indict-
ment was found after his departure
from California. The law of that
State was cited, showing that certain
officers of the State, including one
holding the petitioners position,
could absent themselves from the
State for sixty days. While holding
that one could not be eXtradited for
crime not mentioned in the treaty,
he urged that, even if that could be
done, the petitioner could not he
surrendered upon the demand of the
Governor of a State. There being
q treaty with the United States,
must it not take the place of all
other laws designed for similar pur
poses with those of the treaty!
Authority was cited, in case be-
tween England and France, to show
that q person could not be extradited
for All offcnse not named in treaty.
Mr.. Neumann, Attorney-General,
replied on behalf of the Govern
ment. He said there was no author
ity for the plea that California was
not sovereign state. The Fedora,
constitution of the United StateI
made every one of them sovereign
state so far AS its internal affairs
were concerned. If Mccarthy was
prosecuted for an offense against
: the State of California, then the
| people of California were the prose-
cutors, and the federal authorities
were not concerned in the matter.
While man setting foot on these
Islands had right to the protection
Of the Government, yet the Gov
3 ernment had the right to con-
slider the relations that might
| exist between him and others. lie
reiterated his arguments at former
e stages of the case, to the effect that
3 Governments we're at liberty to sur
reudsr criminals csen vixen not I'm.
, der tbs obligatioA 70 do -. 1t was
: tue moral duty ut this Government
: to give him up, for the offense will
8 which he was charged amounted to 9
felony. If it was necessary for the
o demand to come before the fedora
q authorities, that requirement wa:
n observed by request having beer
;. made for the surrender of petitioner
by the Minister Resident of thu
4 United States. Under the laws o
n California embezzlement of public
3 moneys is felony, while that o
q private ones may he either felOn,
n or a misdemeanor. While our law
= will also regard petitioners allege'
# offense as Il felony, he held that thi
Government should give him up
- His Excellency closed his argumen
~ by re-asserting the opinion that th
~ Minister Of Foreign Affairs shoul
be enabled to grant the eXtradition
and should do it when enabled. TIL
" Hawaiian Islands should not b
70 accessory to the defalcations of
= public officer.
~ Mr.. Whiting responded, mair
!" tanning that, under Hawaiian laws
" there must be direct evidence {
~ criminality, and that an indictment
!. being all there is before this Cour
- is not evidence; and submitted tn;
." the case is one of which the Cou
should take no cognizance excel
o. under the treaty, for supposing Il
case to be within the provisions {
~ the treaty, the Hawaiian Cover
" ment's treaty relations are with Il
- United States, and not with Il
:, State OF California. No cases
!, extradition have occurred, where
-, treaty exists, outside the provision
Il of the treaty itself.
~ TUESDAY, Feb, 9th.
W Before Judd, G. j., McCully, j., IN