The sun. [volume] (New York [N.Y.]) 1833-1916, 1902-11-19
FAULT In PHILIPPINES Law.
NO PROVISION FOR EXTRACTION
EXISTS.
Omission Discovered In IN Investigation
Of Charge Made by \nti.lmperialists
That Members Of n Vermont Company
Killed q Priest Near IiOilO In 1000.

| WASHINGTON, Nov ls.-DiScovery Of a
serious omission in the laws Of the Philip
pines as adopted at the last session Of Con-
| gress has Just been made at the War Depart
| ment. No provision exists for the extra
| dition Of any person from the Philippines
| TO the United States wanted for any crime
| committed in this country. nor is there any
way, apparently, that n person who may
have committed an ofeic' in the Philip
pines can be sent from the United States for
trial in the Philippine Islands.
The attention Of Secretary Root was called
| to the subject to-day in connection with a
report Of the investigation Of charges
made by the Boston Ant-Imperialists
regarding the killing Of Father Augustine
| near Iloilo by soldiers in 1900.
Gen. George B. Davis. Judge Advoca.
General Of the army, who has had charge Of
| this investigation, presented his report
to Secretary Root this afternoon. The
document contains mass Of testimony
taken by an army officer sent into New
England to examine witnesses whose names
were given the War Department by those
making the charges.
II II the opinion of army officers that the
charges have been susta aimed, but as it in
wolves a former officer Of the Twent y-sixth
Volunteer Infantry, now a civilian living
in Burlington, Vt, il has been determined
tn send the papers to the Attorney General
Of the United States and leave 10 him to
decide if the evidence is sufficiently strong
to warrant proceedings against those
imp 'ated and IL so, how TO secure their
arrest and conviction.
Until the Attorney General shall deter
mine the value of the testimony taken by
the army officers il is not the purpose OF
the Secretary of War to make public the
name Of the person accused. though in the
opinion OF the officers who have been con-
nected with tho inquiry there il no doubt
as to the sufficiency OF the testimony. The
question which most concerns the War
Department is how 10 bring thu former
officer before a court. either in this country
or the Philippines.
He has not been in the military service
since the regiment was mustered out.
neary two years ago, and cannot be tried
by a court martial for any violation of the
rules Of war As the offence was com
mitted on territory the status of which was
not at that time defined and over which
| the United States laws had not been eX-
tended, his offence Is clearly understood
| by the authorities here to toe a violation of
the Spanish laws in the Philippines, and
| he cannot therefore. be tried in this country.
The laws of the United States provide for
| the eAtradition OF persons from territories
| of The United States to any one Of the States
| and from one State to another, but the
| Philippines are not organized territory
| and there is no extradition treaty between
the islands and the United States.
| Secretary Root is determined however
to use every effort TO bring to trial any
| persons guilty Of cruelty in the Philippines,
| and has left nothing undone to secure all
| the testimony obtainabe which will be
laid before the Attorney General for his
] action.
| The charges which brought about the
| invest igat ion were made In an open letter TO
| President Roosevelt and signed by Charles
| Francis Adams, c. Schu z Edwin Burritt
| Smith and Herbert Welsh. II was alleged
| that during the last half Of the year 1900
a certain company of a regiment of Unite d
| States Volunteers was stationed az Bana,c,
| small town not far from IlOilo. IL was
the military force in the place AT that time,
| and the post a so-called independent one,
was COMMANDED by the Captain of the
| company.
The records of the War Department
| show that this was companvof the Twenty
sixth Infantry, Volunteer regiment re-
| cruited al Fort Ethan Allen, Vermont
| of which Capt Brownell was an officer
| Capt. Brownell got commission in this
| regiment upon the recommendation of
senator Proctor of Vermont and served in
the Philippines during the entire time
| his command was there
| He returned to the United States with
! the regiment and was mustered out of ser
| vice and Is now living in Vermont. II is
| charged that while the company mentioned
| in the anti-imperialist letter was stationed
| at Banate a gunboat arrived from liz %
with a prisoner who became known To the
| soldiers a. Father Augustine Upon his
arrival he was disguised in the uniform of n
non-commssioned officer Of the Uni, cd
States artillery, but his gown and cassock
were subsequently brought ashore. The
letter to President Roosevelt says:
| on the sth day of December. 1900. Father
Auspstins was subjected TO the form Of tor
| in view in thus dealing with him was not
| communicated TO the soldiers NJ the post
hut from Information gathered In certain
| of them IL was believed to be with the intent
| of forcing Information from him In regard
70 IA" whereabouts Of a sum of money. either
IN the possession OF the prisoner or secreted
ON tho afternoon of the following day
Father Augustine was again "put 10 the
| question. On both these occasions the
torture was applied by sergeant and private
of the company in the presence of III" COM
direction. the surgeon Of the post also bcin 9
present. On the night oi IN" 9th the priS-
oner was removed to another house. where
night following the third application the
prisoner died. He was then ~ one" buried
! Inc committee tNlhillltu 'llil litN llitl
the names of all the persons implicated and
upon the request Of Gen. Davis they filed
| af'idavits supporting their charges,
| Secretary Root determined upon q
thorough inquiry and directed Gen Davis
| 10 spare no effort to obtain all the testimony
| Of officers and men who had served in the
company at Banate. Men who served in
| the regiment and were fully acquainted
| with the facts connected with the death of
Father Augustine did not hesitate TO give
| their statements to the officers who ex-
amined them. So quietly was the invcsti-
| gat ion conducted that none of the witnesses
took alarm and the Department has been
able TO obtain large mass Of testimony
which appears to fully prove the charges
made of the killing Of the priest.
| IL was not until the officials examined
| the law with view to further proceedings
| against the accused persons That il WIS
learned how difficult il will be to prosecut q
| those implicated. il a. all. In view of this
| discovery Secretary r rot has Determine,
10 recommend 70 Congress AT the coming
session that tho Philippines law ho So
amended as 10 permit the extradi,ion of
persons violating the law in either the Unite,
States or the Philippine Islands,
At one time IL was thought that the legis-
| la'ion passed by Congress 10 permit the
oxtradtion of Nicely from the United State.
10 Cuba would suffice. but close examina.
I IL. I,xa .t,....- sl.s