The Wichita daily eagle. [volume] (Wichita, Kan.) 1890-1906, 1902-07-27
Bad P.EGE
Of PATGD.NO2K
ExtFaditiOn Treaties are Diff
cult of CIaSSifCationS,
BURGLARS ARE SAFE
Unless They Happen to Get
Away With Government Bond

Washington. July 2s.-The case Of Cay
Bor and Greene has just drawn attention
sfresh 10 the relations Of the United
States with other countries as to the ex-
tradition Of fugitives from justice. The
technically on which the Canadian au-
thorities are liable TO stand-that there is
variance between the offence for which
we are demanding the extradition Of the
runaway contractors and that for which
we propose trying them in the United
States courts-is absurd We have not
asked the Canadian courts to try the fu-
gitives for us. vet that is what it would
amount 10 Il their surrender were refused
on the ground that they are not guilty Of
the crime for which we intend 10 try
them. wholly apart from the question
whether our demand is based on an
onense which is recognized by the extra
cition treaty between the British govern
ment and ours.
If we were to demand the surrender Of
the two men for IN offence recognized by
the treaty, and later try them for an
other and wholly different one. we should
put ourselves into "A position Of extreme
swkwardness. 10 say the least. Such
thing would have been considered. in the
days when war was regarded less seri-
ously than now, an International insult
which could be wiped out only IN blood.
In these more practical times it would
probably result simply in the service CT
diplomatic notice upon US by the British
government Of the abrogation of the
treaty. and we should stand shamed IN
the presence Of the world as a nation ca
pable of gross act of bad faith. But Il
we were TO bring the men back under
demand couched in treaty terms. which
covered. under a slightly different phase
the same actual offence for which we put
them on trial in the United states, there
could be no just ground for cavil.
Or, again, if it should appear that the
offence for which we brought them back
on extradition proceedings We're incapa-
bic Of proof IN a United States court. but
before they passed out of thejurisdiction
Of the state of Georgia that state should
indict them on a charge of an entirely
different character. IL is questionable
whether the United States government
would have any authority 20 intervene on
the theory that we must first let them
return to Canada and then let the Geor-
gia authorities apply through the federal
channels for their extradition once more
to stand trial in a state court. The latest
opinions are To- the effect that the federal
government should not intervene in such
a case on its own initiative.
Il may be inquired whCther.if the Cana
dian courts are going to make a point Of
our intention 10 try Gaynor and Greene
on some other charge than that stated in
our request, it would not be wiser for Us
70 apply directly for their eXtradition on
grounds outside Of the scope Of the
treaty, and have no further question
about it. Here comes in a very interest
ing consideration. Between friendly ma
tious bound by no treaty of eXtradiuOn II
is not uncommon to request the surren-
der of fugitive criminals on grounds of
international comfy. Our own govern
rnent now and then has asked such a IA
vor and though somewhat srudgingly.
has granted one. but the governments
between which this sort of transaction is
most a matter of course are those which
dc not guard the rights of the citizen OF
subject very zealousiy when they seem
to come into temporary conflict with the
public good. Spain turned Tweed over to
the United States ON the general princi
pie that he belonged to the class Of ras-
Gals who ought % De treated as common
enemies 20 society. we had surrendered
Arguelles to Spain on q similar ground.
expressed thus by ar. Seward in his am
swer as secretary OF state TO senate
resolution of inquiry:
Although there is conflict Of authori-
ties concerning the expediency of exer-
cising comfy towards foreign govern
ment by surrendering at It's request one
OF its own subjects charged with the
commission Of crime within its territory.
although ii may be conceded that there
Is no national obligation to make such
surrender upon demand therefor unless
It is acknowledged by treaty or by stat
ute law, vet q nation is never bound 10
furnish asylum TO dangerous criminals
who are offenders against the human
race
Here was case where. in the absence
Of any treaty. comfy served better than
no ground at aI. Where a treaty exists.
however. il seem. proper to hold fast TO
its terms, and although such q practice
mirht not be adhered tn with extreme
rigor between countries like spain and
Russia and the Ottoman empire. Il I'M
doubtedly would between Great Britain
and the United States where individual
rights are held i'm So high respect. Even
in making requests for eNlra3iton from
governments with which there IS no
treaty. and therefore nothing TO curb or
confine the range If demand. il hes be-
come the wen settled rule with Great
Britain and the United States 70 lay
stress ON the fact that ne reciprocal
favor must DE looked fer 50. Tor riore
than one reason. the idea Of requesting
the surrender of Gaynor and Greene re-
Eardless Of treaty obligations may be
dismissed as impractlcable.
All this 1u.hbins over fine shades Of
definition az offences mentioned in
treaty heads up to the fact that our eN-
tradition relations with our sister nations
are "a most ragged piece Of patchwork.
Some thirty-threc broad offences are
named in our three dozen treaties ROW in
force. Yet The conscientious iudexer
would ind IL a painful task 90 try 10
group them briefly under their specific
heads. Take for instance attempt TO
murder, Is this necessarily The same as
assault with intent 70 kiu2" Would
secret poisoning committed. perhaps
from q considerable distsnce-be an as
sault? Il would certainly De ar eat
tempt TO murder" or. take the counter
fei,ing schedule; III nearly twenty ccl.n-
tries scamp who merely counre-feited
one OF cur national bank notes. or q gov
eminent bond. or "a postage stamp. could
60 free, while his pal who countcrfeiicd
q greenback would have TO return % ghe
United states tc stand trial The prcfas-