Evening star. [volume] (Washington, D.C.) 1854-1972, 1895-06-26
.MR. TAGGART'S VIEWS
What He Thinks of the Decision of
Judge Brown.
IT WILL EMBARRASS JUSTICE HERE
Will Make the District an Asylum
for Criminals.
MR.. BIRNEY CONC CUR S

Assistant District Attorney Taggart,
speaking today of the opinion rendered by
Judge Brown, in the case of the applica-
tion made by the United States attorney
of New York for the removal of Mr.. Dana
to this District, under section 1O14, r. S &.
U. S., for trial upon the indictment for
libel, pending against him here, said that
the opinion as published is lengthy and
elaborate one, and that, as yet he had not
been able to give the decision that careful
reading and consideration by which only
Its full significance and effect could be as
cer4nined. But that If his impressions of
its import derived from a hasty perusal
are correct the decision will prove to be q
serious embarrassment to the administra-
ton of criminal justice in the District of
Columbia.
An Absurd Condition of Affairs.
''The judge apparently holds" said Mr..
Taggart, that section 1O14, R. S., U. S.,
cannot be. availed of for the return to the
District of Columbia of persons who have
there violated the laws of the United
States and then fled from it,
1T is under this section that such Of
tenders have heretofore been removed to
the District of Columbia for trial when
found elsewhere in the United States, and
If said section cannot be availed of for
OF law which can, and this absurd coEdi-
ton of affairs is presented: That a per-
son indicted in the District of Columbia
for crime against the United States and
who escapes and seeks refuge in foreign
country with which the United States
has an eXtradition treaty, may be appre-
hended In such foreign country and re-
turned to the District of Columbia for trial.
whereas, If he happen to locate in New
York, after escaping from the District
apparently the federal authorities. under
existing laws, would be unable to secure
his return to the District Of Columbia for
trial.
How 1t VIII Work Here.
ut is to be re regretted, in view of the seri-
Gus consequences involved in this decision
that the case did not come before the judge
upon habeas corpus, so that 1t might be
reviewed on appeal. If this decision be the
law. the sooner it is remedied by Congress
the better, for until such remedy Is had
the District of Columbia will, on the other
hand, afford an asylum for offenders who
have violated the federal laws elsewhere
in the United States. If the provisions of
section 1O14 cannot be invoked elsewhere
in the United States for the return to the
District of persons accused Of the commits
sion of crime there against the United
States it cannot be invoked for the same
reasons in the District for the return to
federal courts elsewhere of persons who
may be found in the District and who are
charged WIN the commission or crime
against the United States in one of the
judicial districts OF the United States
Hence the District would become an asy-
lum for criminals committing crimes else
where, and the rest of the United States
would become a place of refuge for those
offending here"
District Attorney Birney Concurs.
District Attorney Birney explained that
while he had not carefully read Judge
Browns opinion, he coincided with the
views expressed by his assistant Mr.. Tag
CART. The logical, If not the actual, effect
of Judge Browns opinion would be, he
thought, as expressed by Mr. Taggart, and
the result would be most unfortunate and
deplorable condition of affairs.