The Portland daily press. [volume] (Portland, Me.) 1862-1921, 1897-02-20
ISIAGI REMAINS In JAIL,
While Courts Discuss Right to Keep
Him There.

His Case Heard Before Judge Brown of
Given Until Tuesday to Prepare Briefs.
New York, February 19 Turkish Con-
cused Of embezzlement in connection
with his trusteeship of certains estates,
and who has been confined in the tombs
awaiting extradition to Boston, was be-
fore Judge Addison Brown of the Unit
ed States district court today on writ
of habeas corpus issued py Jadge Brown.
The petition for the writ was made by
Consul Tasigi. who claims his detention
is in violationsof section 2 of the Sd ar
ticle of the Constitution of the. es.United
States and of the treaty of 1880 between
the government of the United States and
the government of his imperial majesty,
the Sultan of the Ottoman Empire.
The pstition goes on to say that Iasigi
is held In custody wholly without autho-
rity or jurisdiction by reason OF the fact
that he, as CONSUL general, is subject only
to federal jurisdiction. Iasig: was repre-
SSut6tl Uy QT6uoTICk IL. SOuUcIt, 81 OuH 0s
Lindsay, appearing for district attOr-
ney's Office, and Samuel Fl. Ordway for
the Massachusetts, authorities and COM
plainant.
Mr.. Coudert wanted to know whether
the prosecution was waiting for the !n-
die5ment before taking the consul to Bos-
ton. MIR. LINDSAY said that he did not
know anything abont that. Mr.. Lind
say urged, basing his argument upon the
hat htsr utt far q O1I1d ha
properly left in the state courts. Mr.
Coudert said the question before Judge
Brown was to determine whether state
courts had jurisdiction in the case.
Mr.. Keene of Coudert's office Said that
there was no similarity between the Emo
case and the one at issue, Eno having
been the president of a national bank
and not D foreign consul.
Judge Brown said that he should con-
slider nothing but the.question of juris-
diction and would not take cognizance
of the details of the previous proceedings
in the ease. He would grant no writ
of certiorari for the production of the
proceedings before a city magistrate.
EMr. Keepe argued that the action of the
city maqistrate who committed Consul
Iasigi to the toombs for 80 days to await
extraditi0n WAS void in law, and violates
the Constitution US well as the treaty OF
$780, A enlightened public policy re-
quired the federal authorities alone
should have jurisdiction in case of the
representatives of foreign governments. "
Mr.. Lindsay said if the consul were
discharged by Judge Brown there was
no authority, no statute, empowering
the United States government TO prose-
cute him. Iasigi was described in the
complaint simply as fugitive from
Justice of the state Of Massachusetts,.
The provisions of the statutes regarding
federal jurisd d'otion only over certain
foreign offic ais referred, Mr.. Lindsay
said, two offenses against the United
States and not offenses against state
Jaws. The United States government,
he oontended. Rhad no right to deprive
the statef of the right to try offenders
against their laws. Such deprivation
would be violation of state sovereignty.
Mr.. Ordway referred to the fact that
section of the statutes exempting cOnsuls
from state jurisdiotion, had been re-
pealed.
Mr.. Coudert insisted that consuls as
well as am bassadors and ministers of
foreign governments were solely under
the jurisdiction of the federal govern
ment. Foreign governments placed their
repre sentatives, not under the protection
of states, but unl der the protection of the
national government. How could this
protection to extended unless the na-
tional government had exclusive juris-
(ictiou over these representatives? There
was no record to show that any foreign
consul had been ever punished here ex-
cept for federal offe noe.
When the arguments were concluded
counsel were given until Tuesday to
prepare briefs which will be submitted
to Judge Brown Wednesday.