The record-union., 1891-11-25
BUCKLEY'S EXTRADTTION.
Governor Markham Refers the Matter
to Secretary Blaine.
He Cannot Find That Any Similar Re.
quest Has Ever Been Made of
Foreign Nation by Our Own.

Nearly two weeks ago District Attor-
ney Barnes Of San Francisco applied to
Governor Markham for an official de-
lnand OH the Canadian authorities for the
extradition of C. A. Buckley, who has
been indicted by the Grand Jury of that
city for bribery, but who is now residing
IN Montreal.
The Governor has given the matter
close research, and has concluded that
there is no precedent for such action on
his part. He has, however, concluded to
forward all the papers in the case to Sec
Ietary Blaine for such action as the latter
may deem proper to take in the premises.
Yesterday the Governor addressed the
following letter to District Attorney
Barnes:
THE GOVERNORS LETTER.
EXECUTIVE DEPARTMENT,
SACRAMENTO, Nov. a, 1891.
Hon. ". $. Barnes, District attorney,
San fTd9cfSco-DEAR SIR: Your letter
of the 18th, together with inclosed papers,
was presented to me Monday morning,
November 10th. / have devoted all the
time at my disposal from then until now
10 this case. and as it is one Of more than
ordinary significance, deem it best to
communicate briefly to you, as District
Attorney for the City and County ofSan
francisco, my views on that question.
IT is conceded by all that the crime
charged is not enumerated in the treaty
supulations now in force between the
two Governments. Therefore, if this re-
quest is honored at all, it must be by
comfy, and not by treaty. Upon the
question Of comfy, after diligent search
covering all the cases presented to this
Government, l am unable to find any
thing that cOnvinces me that such re-
guest has ever been made Of any nation.
In fact, the precedents are all, so far as
can find, adverse to this proposition.
notwithstanding this 1 have con-
cluded to forward the papers to the hon
orable Secretary of State for his action
thereon. 1t may not be improper for me
TO call your attention to the fact that this
record does not disclose any overt act on
the part of these men, save that men
toned in the Indictment. 1t is fair to
presume that the authorities at Washing
ton are not familiar with the reputation
and character Of these men as set forth in
your communication. 1t is also fair to
presume that the Grand Jury has reached
The conclusion that it will be unable to
present any other indictment upon which
these men can be convicted, else others
would have been found and embraced in
this request and made part of this
record. 1t is also fact that, should they
be returned, they could under the law
only be tried upon this charge until. a
reasonable time had been granted them
to return to the Government honoring the
request.
The legal questions touching the valid
ity OF the Grand Jury are now pending
before the Supreme Court, undetermined
should the validity of the Grand Jury
which found this Indictment be estab-
lished, well and good. Should it be de-
clared invalid, then no request is proper
Should you and the Grand Jury desire
/ will withhold these papers for your fur
ther action, and in the event that you see
lit to present other indictments or more
evidence by way of affidavits touching
upon the question of the Importance of
this case, they will be received and for
warded with the records now here
If there is nothing more to be added /
viii transmit the same without further
delay. l have also decided that it viii be
an unnecessary expense to the State to
send an agent to Washington at this time,
as that can be done if | am notified that
the request will be granted. Yours very
truly, II. II. MARKHAM, Governor.