The Washington times., 1902-07-10
GOVERNMENT OFFICIALS
ARE CHARGED WITH DUPLICITY

Of certiorari IN aid of the habeas cor
pus writs. TO bring uD all the records
In the hands OF EXtra1ition Commissions
er Lafcntainc with the obvious view Of
diyesting hin OF the power to proceed
further with the case a similar GER
ticrari having been refused by Mr.. Jus
tice Andrews because the return of the
isiler before him was sufficient TO show
legal custody.
Prisoners LIoticn Granted.
.Mr. Justice Caron. after reserving
his opinion Cor a week. on the 4th in
stant granted the prisoners motion for
certicraIi and withheld Judgment on he
motion of the United States to have the
documents showing the cause Of the
prisoners detention, annexed to the re-
turn.
In the meantime the counsel tor the
prisoners. who IL England or in the
United States, wg;-i1 1e debarred from
oocu- -ying such dual relationships have
in open court challenged the right IF the
United States to be heard at all in
those proceedings, and its right 10 en-
Dlcy Canadian counsel tC represent il
In The cour.s. As will lie seen. M
justice Andrews overruled these obi C.
fions. t--- they have been renewed be-
FORE Ar. JI.,ice Caron. and It is uncer-
tain "l-t .-.;icn be viii take.
b..,-,rr. Anomalous Situation.
Should the Quebec authorities iuaUy
decide TO let Judge Lafonteine. Eytraa.-
lion Com7isslcner. proceed with the
case, and should ne Enally commit them
% Jail for cxt-adr Ion We Will then be
confronted with another anomalous con-
dtion Of Affairs. The Canadian extra
li;ion act provides:
Section =. II The Judge commits a
fugitive to prison h shan. on such com
INITIAL tsl inform him that he will not
1a surrendered anti after he expira ion
OF fifteen days. and that he has a right
20 apply 1or a wit oi habeas corpus,
and tbl transmit 10 the minister OF 1us-
tice, certificate OF the committal. with
Il copy OF ali the evidence taken before
rim not already so transmitted. and
such report upon the case as he sees df.
Section I'm cases specifed. min
lister may refuse to make order or may
cancel order already made.
II the minister Of justice at any time
determines: tal that the offense in re
sPect OF which proceedings are being
taken under this act is one OF political
character; tb) that the proceedings are
in fact being taken with Il view to try
or punish the fugitive for an offense OF
political character: tcl that the for
eign state does not intend to make i
requisition for surrender, he may refuse
to make an order for surrender and NAV
by order under his hand and seal, can
eel any order made by him, or any one
Issued by Z judge under this act, and
order the fugitive to be discharged out
Of custody on any commital made under
this act; and the fugitive shall be dis
charged accordingly.
Influence Felt at Every Turn.
1T will thus be seen that before We
can finally take the prisoner out of Can
ada We will have to submit the regu-
Iarity of our proceedings in some very
important features to a high official OF
the Dominion government, whose firm
was retained in advance Of the extradi-
tiou proceedings. to resist extradit!on,
and whose powerful political influence
has been felt at every turn the case has
taken.
IF this state OF affairs is to continue
without protest on the part of our Gov
ernmcrt we might just as well under
stand in advance that extradition OF
criminals from Canada under our treaty
does not apply TO causes where the fu
gitiyes are charged with financial