The Montgomery advertiser., 1902-07-10

the State of Georgia for trial on charges of misappropriating and embezzlement of over $2,00o,000, in connection with river and harbor Improvements at Savannah, which has been sought for some time in the United States, will take on diplo- matic phase in a few days, when Secre- tary Hay communicates to the British Government the opinion of officials of our Department of Justice that the Cana dian authorities ore pursuing an extra ordinary and unwarranted course in the case
 Marion Erwin, special assistant to the Attorney.General, who has been in active charge of the extradition proceedings for the United States, transmitting to the Attorney-General. under date Of Mon- treal. July q a special report on the case, calls attention to the fact that the legal representatives of Messrs. Greene and Gaynor are closely connected through professional and family ties with the Ca- nadian officials to whom this Govern ment must look for extradition Of the men whose custody 1t seeks.
 Mir Erwin in his report says that prior to instituting the extradition proceed ings, he was put on notice that the fugi- lives had taken refuge at Quebec for the purpose of resisting extradition, and that they had employed as their counsel the firms of lawyers to which belonged the highest officials of the Provincial and Dominion governments"
 He says that he was thus "precluded by the position taken by them from confer ring with the law officers of the crown. He, therefore, retained two attorneys of the Canadian bar, who have ably assist ed him.
 The report then calls attention to this provision of the Canadian extradition act:
 'whenever this act applies, judge may issue his warrant for the apprehen- sion of a fugitive on a foreign warrant of arrest or information or complaint laid before him. on such evidence or after such proceedings as In his opinion. would subject the provisions of this act or jus tify issue of his warrant if the crime of which the fugitives accused or alleged to have been convicted had been commit ted in Canada"
 Citation is made of the extradition treaty between the United States and Great Britain. and it is shown that it provides for extradition for the offenses of embezzlement, fraud, receiving stolen moneys or goods. or property. or obtain ing the same under false pretenses. or for participation in these crimes. provided 
 laws of both countries
 Attention is then called to the fact that MT. Erwin made complaint on oath, May l4 1909. before the Hon. Uric La Fon- taine one of the extradition commission CTS for the Province of Quebec, resident at Montreal, who is given Jurisdiction over the whole Province of Quebec charg- ing Messrs. Greene and Gaynor with having participated In the crimes of tai fnnp ey under false pretenses. the complaint setting out the matters in detail and that such participation was punishable by the laws of both countries
 The report then directs attention to the entire regularity of the service oS the writs. arrests of Messrs Greene and Gaynor and their demand for further examination. After this, Judge Andrews at Quebec issued writs of habels corpus which were served at night on the gaoler at Montreal. who held the men under the extradition commissioners orders. for further proceedings.
 On what followed the report adds:
 Without notice to the commissioner or to the attorneys representing the United States in the proceeding. the Montreal g1oler. who holds his appointment un- der the provincial authorities, within a few minutes after service of the writs lron him. conveyed the prisoners by spe- cial train back to Quebec.
 "In view of the fact that there were other judges at Montreal exercising a habeas corpus powers and in such cases the Canadian laws give judge in the district of Quebec no authority to bring a prisoner from Montreal in heabos cor pus inquiry. 1t is not believed that the gaoler at Montreal would have adopted so extraordinary a course without notice to the parties in interest except under high official pressure. The attorneys at that time appearing in the proceedings for the fugitives and moving to have that done. embraced among others: The firm of Fitzpatrick, Parent, Hadonhereau, Roya, and Cannon, of which firm the honorable Charles Fitzpatrick, Minister of Justice for the Dominion of Canado is a member; of which firm the Hon. s. N. ParCnt. Prime Minister for the Province of Quebec is member; of which firm Mir. Cannon, son of the Deputy Attor ney-General for the Province of Quebec is a member. Also Mir. Honore Gervais, law partner of Hon. MT. Archambiullt. Attorney General for the Province of Quebec"
 The report next reviews the motion of counsel for the United States to quash the writs of habeas corpus and remained  ton hearing might proceed, and the fact that the eve before Justice Andrews was to render his opinion the prisoners at tempted to drop that proceeding on claim 1t was illegal and through the counsel Messrs. Fitzpatrick, PoTent. Roy and Cannon, had other writs of habeas corpus issusd to the Commissioner Of Justice Caron. a judge with concurrent jurisdiction with Justice Andrews, on the ground that their custody by the sherln at Quebec was illegal Attention is then directed to the fact that Justice Andrews in denying the prisoners claim that the first writs of habeas were illegal said 1t was not for the persons who induced him to issue the writs of habeas corpus to claim they were illegal and avail them selves of such means of escape.
 The report next says that notwith- standing this. and the fact that under Canadian law second writ Of habeas corpus cannot issue on exception or new facts" the prisoners counsel on petitions, alleging only the same facts caused other writs to be issued by Jus tice Caron.
 The gaoler in making his return to these writs refused 'on request of coun- sel of the United States to attach copies or set out in his return the substance of the documents under which he held the prisoners.
 If the gaoler had been acting under the advice of officers of the crown" adds the report, free from the entanglng relations of counsel for the fugitives, 1t Is not creditable that in a country where shares with us the highest standards of justice and fairness which is our com mon heritage, gaoler would have will