The times. [volume] (Washington [D.C.]) 1897-1901, 1900-04-30
THE PRESENT LAW AMPLE
Representative Rays Views Con-
cerning the ExtraditiOn Bill.
He Declares 1t Was Drawn 10 Reach
with Completely in the Savannah
Harbor Frauds-Informntio Fur
nishcd by the Attorney General.

| harbOr trnuds-lBformnfton Il uF-
nishcd by the Attorney General
Representative Ray of New York. Chair
man of the House Committee on the Judic-
iaTy. is Indignant y. 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-
nowledged to have been drawn for the pur-
pose Of reaching the Gaynors and others
connected with the Oberlin NJ. Carter case,
who were indicted in Savannah, but for
whom eNtradition was refused by Judge
Brown, of New York.
Il DO not believe in special legislation
TO affect individuals" said Judge Ray.
| If 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 a good
! one and has satisfactorily stood the test
Of one hundred years. | have practiced
law in New York for thirty years and seen
| this idT in operation, aud l am convinced
| that il is a salutary measure.
1t provides that when party is indict-
! ed III another State, a prfma facie case
| must be made against him in the courts
in New York before he can be eXtrafited.
| 1t is much more reasonable for . Stste
to take its witnesses or present the necea-
| sary Evidence before New York court
than 10 compel anyone who might BE- un-
! fortunate enough to be indicted to return
TO the State where the indictment WIS rem
dered and defend suit. In my opinion,
| the bill which IS now before the. committee
| will open the way. should 1t be passed, for
a great deal of trouble and annoyance 10
| innocent individuals.
| Suppose some prominent man, the head
| of Il railroad or other corporation, goes
| to some far-off 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 a
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 envi-
ronments and their sympathies to be tinged
with local coloring. AS a result, they
say that a 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-
sarly 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
-rs..--
This is a wealthy Government, and it can
we'll afford all the expenses necessary to
a fair and impartial administration Of its
laws. II can stand the expense Of taking
its witnesses and having a hearing in
New York a great deal better than an inno-
cent individual the expense of de-
Tending 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
TO 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 it with a view of obtaining
an unfavorable report Should the bill be
reported favorably Judge Ray will carry
the fight against it to the floor, even in
opposition to 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 letter TO him calling on him for some
additional information. Representative
Ray Gsked what steps had been taken 70
secure the arrest and transfer of the Gay
nors and Green to Georgia for trial since
the decision of Justice Brown; whether /
was the purpose of the United States au-
thorities to proceed under existing law and
to present to the United States courts in
New York any evidence showing probable
cause to believe the said persons were
guilty of the offences charged in the indct-
ment; if not the reasons for not so pro-
ceeding; whether or not, the Attorney Gen
eraI had publicly stated, or stated for the
public press, that the decision of Justice
Brown was ''unwarranted by the law aud
the facts" and it, 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 to |
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 TO do so would require very |
large expenditure Of time and money, and |
great difficulty in securing the attendance |
of the Government witnesses. and would |
require the Government to expose before |
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 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 |
says: But l am of the opinion that the |
decision OF Judge Brown in overruing |
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 a !
matter OF doubt, 'and certainly is a mat
ter of such great delay as to render the eff |
cient prosecution of the defendants prac-
ticaIly impossible"
Crushed Under Roller.
BORDENTOWN n. j., April 29.-How-
ID apad son of