The sun., 1897-03-16
ooxsUL-aENBnAE 1AsIops oAsr
Gov. Black Gives n Henrtng on tho Appiica-
tion for tho Approval OF RequisitIon Papers.

hpnItcms
uon FOR the Approval OF Fsequisition Papers.
ALBANY, March l5.-Gov. Black gave a hear
ing to-day on the application Of Gov. Wolcott Of
Massachusetts, for the approval OF requisition
papers for Joseph A. Iasigi. the Turkish Consul
General at Boston, wanted in that city for om-
beZzlement Of funds held In trust estates
iasiRi is confined In the Tombs In New York city,
having been arrested there some weeks ago. At
tho hearing before tho Governor to-day Iasigi
was represented by Mr.. David Kcanc of Coudert
Brothers, New York city, who are his attorneys
In contestihg the right of tho authorities to take
him back 10 Boston.
Mr.. Albert Stickney of District Attorney OIL.
colts Office In New York city appeared as tho
representative of that officer, on whose warrant
OF commitment Iasigi Is now held, and Mr..
Frank Peabody Jr.. of Boston, for the Massa-
chusetts authorities, urged the approval of the
rcdussition papers. Mr.. Peabody is attorney in
fact for tho complainsnts in Massachusetts.
In opening the hearing Mr.. Keanc called the
Governors attention TO tho appeal to tho United
States Supreme Court in the habens corpus pro-
ceeding which was pending Tho appeal, no
b aid, had been perfected, and would bo moved
at tho earliest moment, and whilo tho rights of
the prisoner were still undetermined, he thought
itwould bo very unusual and unnecessary
proceeding for tho Governor TO issue his warrant
to have Iasigi taken back TO Boston. The motion
n the appeal to tho United States Supreme
Court would be moved in the week beginning
next Monday, and n decision would probably be
given within tho two weeks following Mr..
keane said Justice Brown of the Supreme Court
oder In close custody regardless of the u expirs-
ti9n OF the thirty days period during. which
prisoner can be held In this State, without OK
State.
Gov Black read Justice Browns order care
fully and noted that It stated that the prisoner
ehould be held until the case was heard in the
United States supreme Court. In reply to
happen, counsel answered that there was ~ no
SssnGe Of the prisoner escaping the courts
proceeding further quoted Rule 81 Of the
United States Supreme Court. which he held in
effect was that in habeas corpus proceedings, on
appeal, the custody OF q prisoner whose rights
were under determination must not be inter
fored with. He thought there was a chance for
would not be interfering with the custody of the
prisoner and so in conflict with the terms Of the
Mr.. Stickney for the District Attorney con-
tended that 1t would be unwise to make move
In the case out Of the regular order The usual
Governor had discretionary powers In the
uisition Of the MASSACHUSETTS, authorities. He
thought that II the Governor should issue his
in the Tombs pending the decision OF the case af-
Iecting the prisoners rights. There was no
case and there might be grave questions as to
whether the prisoner could legally be held under
the commitment to the Tombs after the expira-
ton of the thirty days period. He thought the
statute governing the Governors consideration
OF such cases mandatory, and that the Governor
had no option but to sign the warrant.
Mr.. Keane thought the burden was on his op.
ponent to prove that such was the usual course.
He thought it would be cruel and unprecedented
action. He argued further that there would be
conflict with the rule of tho United States Su-
preme Court.
Gov. Black has decided to grant the requisi.
tion, with the proviso that the Chief of Police of
New York city should not execute it until the
United States Supreme Court has decided the
appeal which Iasigis counsel has taken from,
the order Of Justice Browne refusing to grant
writ of habeas corpus