The Montgomery advertiser., 1902-07-10
GREENE-GAYNOR CASE
 TAKES SERIOUS TURN
United States Will Protest to England Concerning the Abuse of Authority on the Part Of
 Canadian Officials

1 fully withheld the document of his au-
 thority to the prejudice of part to the litigation"
 Counsel for the United States. by req son of the gaoler's defective return. wero compelled to move to amend it by an- nexing copies of the documents under which they were held, and the defective | returns were made the basis Of a mo- ton before Justice Caron for writ Of certiora-i by the prisoners counsel. who thereby sought to divest Extradition Com missioner LaFontaine of power to pro- ceed with the case. and this, although Justice Andrews had refused Q similar certiorari. Justice Caron. after a weeks consideration, granted the prisoners mo- tions for certiorari and withheld judg- ment on the motion of the United States to have the documents showing the cause of the prisoners detentions annexed to the returns. The report continues: "In the meantime the counsel for the prisoners, who in England or in the Unit ed States would be debarred from occu- pying such dual relationships, have, in open court, challenged the right of the United States to be heard at all in these proceedings, and it's right to employ Can adian counsel to represent it in the courts. AS will be seen. Mr. Justice An drews overruled the objections, but they hdN0 DCch ICHOvcu DCAtkG JubL@C Caron and 1t Is uncertain what position he will take. attach clippings from two of the Quebec papers. one Frecnh, the other English. bearing upon the dual at- titude presented by the official relation ships 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 Iz- T-A T..I- N-N.. 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:
 It will thus be seen that before we can finally take the prisoners out of Canada we will have to submit the regularity of our proceedings in some very important features to a high official of the Dominion 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.
 IT this state or analrS Is to continue. without protest on the part of our gov ernment, we had just as well understand in advance that extradition 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 acting Attorney General called the mat ter to the attention of the State Depart ment. saying in his letter of transmittal.
 Herewith I have the honor to enclose a communication from Mir. Marion Erwin special assistant to the Attorney General, the duly authorized agent of the United States. who had been in charge of the proceedings instituted in Canada for the extradition of Benjamin D. Greene and John F. Gaynor.
 Tt has been a 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 request that the facts be laid before the repre- sentative. of his Brittanic Majesty in order that the matter be dealt with in accordance with the high standards of British justice.'
 It is understood that the Secretary of State will bring the matter to the at- tention of the British embassy at once.