New-York tribune., 1886-07-20

in rs and appeals through half dozen different
courts. is unendng. BY the time the whole
business of litigating is over possibly the
Western Union aud tho other companies will
have taken the hint and put their wires down in
their own way. Where will the Commission
and the asphatum conduit company be1heu7
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TIE NEW TREATY WITH ENGLAND.
The full text Of the Extradtlon Treaty will
be found on the first page of The TRIBUNE,
with an explanatory letter from Mr.. Phelps.
The convention was signed in London on June
25 and is now pending before the Senate for
ratification, having been committed to the
Judiciary Committee prior to the usual refer
ence to the Committee on Foreign Relations
A critical examination of the text convinces us
that it should be favorably acted upon without
unnecessary delay. The convention is grounded
upon sound principles of eXtradition practice
embOdies no dangerous or novel ideas and con-
tains provisions which arc urgently needed by
this country. There is only one valid criticism
that can be offered to the Treaty, and that is
the inadequate number of crimes added to the
list. Counterfeting, rape and other offences
specified in tho most recent treaties that nave
been negotiated ought to be embraced in this
Phelps gives satisfactory reasons for their
omission and contends that since all the most
hagraut crimes are now included it will be in
expcdient to defer action upon the convention
We concur heartily in his judgment and recon-
mend the immediate ratification of the Treaty.
The revision of both conventions can be under
taken at a later period.
The list of additional crimes does not differ
from that published exclusively in Saturdays
| TRIBUNE. 1t includes manslaughter, burglary,
embezzlement or larceny and "malicious in
| uries to property whereby the life of any pei
| son shall be endangeted, if such injuries cOnsti-
tute crime according to the laws of both
countries" Under the last count re included
dynamite outrages actually committed in either
country. No attempt is made to deal with those
c0nspiring in either country against HE and
property in the other country, since this ia an
offence that does rot fall within the range of
extradition practice. dynamite WORKER who
DESTROYS property and endangcrs life in London
| OF Chicago and then effects an escape to Amer
| lea or Canada, is to be surrendered for the exc
cradle crime which he has committed Recent
! experiences with Anarchists in the West have
shown that this provision is urgently needed by
our own Government and no true friend of
the Home Rule cause will cavil at arrangements
for publishing detestable miscreants who do not
represent the Irish people but only their own
malicious and blundering propensities.
| To the general provisions of the Treaty no
exception can be taken. 1t is emincntly proper
that the convention should not be retroactive,
| that those actually convicted as well as those
| charged with fragrant crimes should be ex-
| tradited, and that political offences should be
! specifically excluded. The last provision ap-
pears unnecessary to MI. Phelps, but we con-
slider it of the highest importance that this pro-
hibition should be formulated in the Treaty IL
self. Article ". contains a direct concession
to the British Foreign Office, but we think 1t is
not only nece ssary under the EXtradition Act
of 1870, but sound III prime pie as a matter OF
international law. This Is the provision that
the criminal must be tried for the offence for
which he is extradited, and for no other crime.
| This is the point for which Great Britain con-
tended in the WnslOw correspondence and
against which the American State Department
has made specious pleas.
! The fact may as well be frankly admitted
that the extrad ton practice of our GOvernm Mt
has not been free from scandal in this rcs pcur
Not long usG, tcr example, convict escaped
from a Western peDitentiary ana arrested
in Canada The crime for which he had been
sentenced was not included in the extradition
clanse. His extraditon was demanded for an
other offence than was specified in the clause,
and be was surrendered. J ne local authorities
having obtained possession of the criminal did
not try him for that offence but sent him back
TO the penitentiary to serve out his term This
is not n solitary instance by any means of sharp
practice of this kind The principle tnat a
fugitive surrendered under the treaty must be
tried for the crime for which he is extradited is
logical and salutary. 1t has been affirmed by |
the latest decisions of the highest Federal
courts. We rejoice to learn that it has at last
been embodied in the extraditiOn covenant |
itself.