The Savannah morning news. (Savannah, Ga.) 1900-current, 1902-03-25
NEW HITCH IN LAW
| GOVERNMENT CAN'T ASK FOR
GREENE AND GAYNOR.
COULDN'T RETURN FAVOR.
CONSTITUTION WOULD PREVENT
SURRENDER OF FUGITIVES.

/ Unless There Is a Treaty of Extra
ditiOn Covering the ORense With
which "A Fugitive From Another
Country Is Charged, This Country
Can't Give Him Up-Exercise of
such Extraordinary Powers Would
he stopped by Habeas Corpus.
Abram j. Rose Points the Moral
With "A Tale of "a Fleeing Bank
officer, Who Found Refuge in Ger
many-The Case Exactly in Line.
There may be more doubt than mas
previously been entertained as to the
ability of the United States to secure
Greene and Gaynor from Canada, by
means of a simple request upon the
British government, in the event the
treaty of extradition between the two
countries should not prove sufficiently
elastic to cover the case.
When Mr.. Abram j. Rose of counsel
for the missing defendants, was last in
Savannah, he told story that casts
flood of light on this subject and may
serve to explain why the request for
the surrender of the fugitives has not
yet been made. 1t involves the in
ability of this country to make re-
turn in kind in the event Great Britain
should see fit to surrender Greene and
Gaynor.
Some years ago prominent bank
official in this country, after a period
of peculation from his bank extending
over several years, finding that dis
covery of his frauds was imminent,
gathered together all the loose and
available funds in sight and sailed fox
Europe. He landed in Germany,
found Berlin an agreeable place of res
idence and settled quietly and peace
fully, albeit somewhat detiantly, in that
city.
The customary noise that follows an
incident of this kind was made. Indig
nant stockholders in the bank demand
ed the return and punishment of the
defaulting cashier and equally excited
depositors called for the extradition of
the fugitive who had tempered with
their balances. The state department
was urged to action and the wheels of
justice began slowly to revolve. A for
NAL request for the extradition of the
fugitive was made upon the German
government.
Treaty Wouldn't Fit.
In the course of time it developed
that the extradition treaty did not
cover the case. True embezzlement
was included among the crimes men,
toned in the treaty, but as the defini-
ton of embezzlement in Germany diff
fered from the offense the fugitive had
committed in this country, the United
States had no absolute right, under the
| no of
| faulter.
At this juncture international conf
| ty made an effort to relieve the situa-
ton. While it was true, said the Ger
man government, that this country
could not demand as of right the sur
render of the fugitive, it would be glad
to give him up without any treaty
| stipulation, merely as an evidence of
| its good will, and as an expression of
the kindly feeling that should exist
between great nations. Therefore, all
| this country had to do was to send
| over and get its man.
Germany's Offer Declined.
But the State Department hesitated
| and then declined the offer with
thanks. The Germans We're reminded
| the United States rejoiced in the pos
| session of a written constitution and
| the exercise of arbitrary power was a
thing apart, foreign from the spirit of
this country's institutions. When a
fugitive from another country reaches
| the United States he must stay here,
unless he can be regularly and legally
extradited under the provisions of q
treaty of extradition.
Because of this fact the State De-
partment dropped it's efforts to secure
the return of the defaulter and he was
suffered to remain in Germany and in
| peace. The conclusion that Mr.. Rose
| drew from all this was that the United
States would not be in a position tC
| accept the surrender of Greene and
| Gaynor, even if the British government
| were disposed to tender it.
There Is another fact. Great Brit
ain and her colonies also exist UNI
der a constitution and the writ of ha-
beas corpus is in constant use wher-
ever the British flag floats. 1t may
be that Great Britain is as little In
| position to surrender fugitives, when
the offenses with which they are
charged are not covered by trea-
ties of extradition, as is this country
1t is certain that all of these facts
| have been carefully gone over at the
conferences that have been in progress
in the Department of Justice. II
would seem it has been concluded that
some other course must be pursued
than a simple demand or request for
the surrender of the fugitives, and
that accounts for the delay.
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