The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-30
THE PRESENT LAW AMPLE
Representative Rays Views Con-
cerning the ExtraditiOn Bill.
Tic Declares II Was Drawn TO Reach
the GaNnors and Others Charged
with Completely in the Savannah
Harbor Frnuds-InfOrmatio Fur
nishcd by the Attorney General.

| Representative Ray Of New York, Chair
man of the House Committee on the Judic-
| larry is indignant .. the charge that he is
| holding up the bill relating to the extra
| dition from one state to another CT persons
| indicted for offences against the Federal
| law. 1t is a bill, he says, openly ack-
nowledgcd to have been drawn for the pur
| pose Of reaching the Gaynors and others
connected with the Oberlin NJ. Carter case,
who we're indicted in Savannah, but for
whom eytradition was refused by Judge
Brown Of New York.
Il DO not believe in special legislation
TO affect Individuals said Judge Ray.
II we once enter into the business Of
passing special acts whenever the general
law does not apply. there is no telling
where it will stop. The law as it stands
on the New York statute books is good
one and has satisfactorily stood the test
Of one hundred years. I have practiced
law in New York for thirty years and seen
this law in operation, and l am convinced
that it is a salutary measure.
1t provides that when party is indict-
ed in another State. a prima facie case
must be made against him in the courts
in New York before he can be eXtrafted.
II is much more reasonable for a St-te
to take its witnesses or present the neces-
sary evidence before a New York court
than 10 compel anyone who might BE- un-
fortunate enough to be indicted to return
TO the State where the Indictment was rem
dered and defend suit In my opinion,
The bill which is now before the committee
will open the way. should 1t be passed, fer
great deal Of trouble and annoyance 10
innocent individuals.
Suppose some prominent man, the head
of a railroad or other corporation, goes
to some far-on State and while there
offends some one. The latter party goes
before the grand jury and, on ex parte
evidence, and with the assistance of
district attorney, who naturally is desir-
GUS Of presenting the case in the strongest
possible light, secures from the grand jury
an Indictment No matter how honest the
men on the grand jury may be they are
bound to be Influenced by the local envt-
ronments and their sympathies to be tingei
with local coloring. As a result, they
say that pretty fair case has been made
against the alleged offender, and that any
way, if he is innocent he can easily es-
tablish that fact. so as a matter of pre-
caution they return an Indictment. Now
if the alleged offender lives in New York
it is at present necessary that it should
be established to the satisfaction of the
district judge that there has been good
grounds for an indictment Not neces-
sarily that the man is undoubtedly guilty
but there has been reasonable grounds of
the belief that he may be guilty. and
then he may be extradicted But if the
Judge believes there is nothing in the case.
as in the case of Judge Brown, he may
refuse to honor the request for eXtradition.
This is a wealthy Government, and il can
well afford all the expenses necessary to
a fair and impartial administration Of its
laws. 1t can stand the expense Of taking
its witnesses and having a hearing in
New York a great deal better than an innO-
cent individual can the expense of de-
Tending a suit instituted through malice"
hearing is to be given on Friday TO
the Georgia authorities who are endeavOr-
ing to have the bill passed so they may
obtain possession OF the Gaynors and also
70 the New York parties interested in de-
feating the bill. After that it will be taken
up by the committee and Judge Ray will
probably oppose il with a view of obtaining
an unfavorable report Should the bill be
reported favorably Judge Ray viii carry
the fight against it to the floor. even in
opposition 10 his own committee.
Since the publication Of the report made
by Attorney General Griggs giving the rea-
son why the Department Of Justice desired
the passage of the bill Judge Ray address
ed a letter TO him calling on him for some
additional Information. Representative
Ray asked what steps had been taken TO
secure the arrest and transfer Of the Gay
nors and Green to Georgia for trial since
the decision of Justice Brown; whether it
was the purpose Of the United States au-
thorities to proceed under existing law and
to present to the United States courts in
l.. - S.
cause to believe the said persons were
guilty Of the offences charged in the indict-
ment. if not the reasons for not so pro-
ceeding; whether or not the Attorney Gen
eral had publicly stated, or stated for the
public press that the decision OF Justice
Brown, was "unwarrsnted by the law and
the facts" and if. in the opinion Of the At
torney General, such decision was not war
ranted by the law or facts. might the er-
ror be corrected on appeal
To this Mr. Griggs replied that he had
taken no steps TO secure the arrest and
transfer Of the defendants except to rec
ommend the passage of the bill which
would provide for their extraditiOn without
putting the Government to the expense
and trouble of taking witnesses to New
York and proving a case, or probable
cause. against the defendants and allowing
the defendants to go into their defence, nor
was it the intention Of the department 10
take such action unless Congress should
fail to pass the bill referred to.
"The reasons for not proceeding in con
formity with the decision Of Judge Brown
says the letter Of Attorney General Griggs,
ARE that 10 do SO would require very
large expenditure Of time and money. and
great difficulty in securing the attendance
Of the Government witnesses, and would
to, lpfF
the trial the evidence on which it relies
to convict the defendants. The additional
reason is that the Government does not
believe the law does require. or should
require. such q course to be taken where
defendants have been duly indicted in one
district in the United States and then take
refuge in another"
The Attorney General denies that he
ever stated publicly or for publication,
that the findings OF Judge Brown were
unwarranted by law and facts, and he
saws: But / am of the opinion that the
decision Of Judge Brown in overruling
the finding and action of Commissioner
Shields was unwarranted by the law" In
regard to the possibility of correcting the
error on appeal Mr.. Griggs says it is
matter Of doubt "and certainly is a mat
ter Of such great delay as to render the eff
cieut prosecution Of the defendants prac-
tically impossible
Crushed Under n Roller.
pORDFNTOWN y j. April 2q-HOw-