The Washington times. [volume] (Washington [D.C.]) 1902-1939, 1903-05-04
Sought to Get Release.

Wright was arrested and held for extra
dit:aH,
Sought to Get Release.
Soon after his arrest Wright sought to
obtain his release from custody through
>habeas corpus proceedings. His appli-
cation for a writ OF habeas corpus was
denied by The New York courts. and his
counsel took an appeal 10 the Supreme
court of the United States.
Two points were considered in the
arguments before the United States SUI
preme Court-bail and extraditability.
In behalf CT Wright it is contended that
his alleged offense-''fraud as director"
lis not made criminal by the laws of
both countries. This was made the
vital issue concerned in the case On
1t hinges the question of extradition.
Louis Marshall and Samuel Inter
myer. of New York. who appeared as
counsel for Wright, presented yester-
day to the Supreme Court an exhaustive
survey of the subject of legislation in
tended to reach fraud by directors.
In England the Victorian statutes are
much more severe in making this a
penal offense. The particular section
of the Victorian statutes which the Eng
lish government is trying to apply in
the case of Wright makes it punishable
with penal servitude of not more than
seven nor less than three years, with or
without hard labor or solitary confine-
ment, for any director, manager, or
public officer of a body corporate or
public company to make, circulate, pub
lish or concur in making any written
statement or account which he shall
know to be false in any material par
ticular with intent to deceive or de-
fraud any member. shareholder, or cred
itor of such body corporate or public
company. or with intent to induce any
person to become a shareholder or part
ner, or TO intrust or advance any prop
erty to such body corporate or public
company"
No United States Law.
III the United States circuit court for
the southern district of New York 1t
was conceded by the prosecution in
Wright's case that there is no United
States Federal statute of general
character making fraud by a director, .
W
ute under which Wright is sought to be
prosecuted, an offense
In the United States Supreme Court
Solicitor General Henry NJ Hoyt, rep
resenting the United States, contended
that section 5209 of the United States
Revised Statutes is an equivalent pro-
vision bringing the Whitaker Wright
case within the qualifying clause of the
extradition treaty between the United
States and Great Britain
Contention of the Defense.
The attorneys for Wright made the fol-
lowing interesting statement:
THE laws regulating national banks
and the acts of their directors that are
made offenses have no counterpart in
any other branch of our law. There are
special reasons why the reports of such
institutions should be safeguarded that
do not apply to other corporations In
all the States a distinct body of Of
lenses is created with respect to direc-
tors of banks that are not found in the
laws pertaining to other corporations ."
It appears that Maryland is one of
only four States of the Union which
MAKE criminal the IfanG OF a director in
making false statement or report with
intent to deceive. a crime equivalent TO
that defined by the English larceny act.
The law of Maryland. found in Article
XVII OF the public general laws OF
The State of 1888, is as follows:
ANY officer or agent whatsoever OF any
corporation who shall fraudulentIy sign.
or in any manner assent to, any state
ment or publication. either for the pub
lie or the shareholders thereof, contain
ing untruthiul representations of it's ar
fairs, assets or liabilities. with view
10 enhance or depress the market value
Of the shares therein, or the value of its
corporate obligations. or in any manner
TO accomplish any fraud thereby. shall
be deemed guilty Of a misdemeanor. and
upon conviction thereof by Indictment in
any court OF law shall be fined not less
than $1,000 nor more than SIC, 600 and be
imprisoned in jail or penitentiary. or
fined or imprisoned. at the discretion OF
the court. for not less than six months
nor more than three years"
LIEUTENANT Tn pOIM