The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1902-07-10
NEW TURN TAKEN IN
GAYNOR- GREEN CASE
Continued from First Pase)


ton is then directed to the fact that Jus
tice Andrews were Illegal, said it was
not for the persons who induced him to
| issue the writs of habeas corpus to claim
they were illegal and avail themselves
of such means of escape. The report
nEst says that Notwithstanding this, and
the fact that under Canadian law Sec
ond writ of habeas corpus cannot issue
except on new facts" the prisoner $
counsel on petitions alleging only the
same facts caused writs to be issued by
Justice Caron.
The gaoler In making his return to
these writs refused ION request of coun-
sci of the United States TO attach copies
or set out in his return the substance Of
the documents under which he held the
prisoners.
Withheld Documents.
IF the gaoler had >been acting under
| the advice of officers of the crown"
adds the report, free from the entang-
ling relations of counsel for the fugi-
tives, 1t is incredible that In a country
which shares with us the highest stand
ards of justice and fairness which is our
common heritage, gaoler could have
wilfully withheld the documents of his
authority to the prejudice of party to
/ the litigation"
Counsel for the United States by rea-
son of the gaoler's defective return were
| compelled to move to amend 1t by an
nexing copies of the documents under
which they were held and the defective
returns were made the basis Of a motion
before Justice Carson for a writ of GER
tiorari by the prisoners counsel, WHO
thereby sought to divest Extradition
Commissioner La Fontaine of power to
proceed with the case, and this, although
Justice Andrews had refused similar
before Justice Caron for writ of GER
consideration, granted the prisoners
motion for certiorari and withheld judg-
ment on the motion of the United States
to have the documents showing the
cause of the prisoners detention an
nexed to the returns.
The report continues:
Cannot Be Heard.
I'm the meantime the counsel for the
prisoners, who in England or in the Uni
ted States would be debarred from occu-
plying such dual relationships, have in
open court challenged the right CT the
United States to be heard at all IN these
proceedings, and its right to employ
Canadian counsel to represent 1t in the
courts. AS will be seen, Mr.. Justice An
drews overruled the objections, but they
have been renewed before Mr.. Justice
Caron, and it is uncertain what position
Quebec papers, one French, the other
English, bearing upon the dual attitvde
presented by the official relationships of
the prisoners counsel, indicating that
the public conscience of Canada is not
asleep.
Attention is then directed to the fact
that should the Quebec authorities finally
decide to let Judge La Fontaine, the ex-
tradition commissioner, proceed with the
case and should he finally commit them
to the gaoler for extradition under the
Canadian law, the prisoners must stay
there fifteen days, and that during this
time they have the right to apply for
writs of habeas corpus and 1t is further
more in the power of the minister of JUS
tice to refuse to surrender the prisoners
and to discharge them from custody.
In conclusion the report says:
1T will thus be seen that before we
can finally take the prisoners out Of
Canada we will have to submit the regu-
larity of our proceedings in some very
important features to a high official of
the diminion government, whose firm was
retained in advance of the extradition
proceedings to resist extradition and
whose powerful political influence has
been felt at every turn the case has
taken.
circumstances Alter Cases.
IF this state of affairs is to continue,
without protest on the part of our gov
eminent, we had just as well understand
in advance that extradtion of criminals
from Canada under our treaty does not
apply to cases where the fugitives have
committed financial crimes of magni-
| tude."
Upon the receipt of this report the act
ing attorney general called the matter
to the attention of the state department,
saying in his letter Of transmittal
Herewith l have the honor to enclose
communication from Mr.. Marion Ed
win, special assistant to the attorney
/ general, the duly authorized agent of the
United States, who has been in charge of
the proceedings instituted in Canada for
| the extradit1on of Benjamin d. Green
| and John +. Gaynor.
1t has been matter of great surprise
| to this department that such state of
| affairs as that reported could exist in
any country controlled by British senti-
ment and laws, and l respectfully re-
quest that the facts be laid before the
representative of the Britannia majesty
In order that the matter be dealt with
in accordance with the high standards
of British Justice"
1t is understood that the secretary OF
state will bring the matter to the atten-