The Birmingham age-herald., 1903-07-23
Contention of the United States
 Attorneys Sustained
RING s UP ANOTHER TRIAL
Prlvy Council In London in Rendering an Opinion Decides That One Judge Cannot Interfere
 With Another.

London, July 22.-The case of the United States for the extradition from Canada of John F. Gaynor and W. D. Greene came up this morning before the privy council on the petition of the United States for leave to appeal. Sir Edward Clarke for the petitioner presented the case Counsel instructed by Charles Rus sell for the respondents said important law points were involved. The respon- dents not only welcomed but were anxious to have the matter finally disposed of. though they did not admit the statements alleged in the petition. The Lord Chan celior granted leave to appeal.
 Application Granted.
 Washington July % The department of justice has received cablegram from MT MacMaster, Canadian counsel for this government in the Greene and Gaynor case who Is now in London. stating that the application to the privy council of England for leave to appeal from the de- cisIon of Justice Caron of Quebec, dls- charging the accused, has been granted.
 The cablegram said that the Lord Chan cellor in granting leave to appeal stated that one judge could not interfere with another In proceedings upon serious and important matter of this nature, that the offenses were clearly extraditable. and that while there was conspiracy there was also something more. Pending the exam nation of the accused before an extra dition commissioner in Canada. who was fully clothed with Jurisdiction. the case was withdrawn from him under applca- tons for habeas corpus and was finally decided by Justice Caron and the accused discharged
 The United States contended that q
 tradition judge could not thus be
 fered with, and taht view has been tained. One ground upon which u
 Caron decided the merits of the CO versy was that the case involved conspiracy. that, however serious the stantive crimes were. the real charge II which they would be tried here and wf..en was involved in the complaint preferred in Canada was conspiracy to commit the crimes. and that conspiracy was not an extraditable offense under the treaties.
 Were Actual Participants.
 Counsel for the United States earnestly contended against this view arguing that the facts and the charges show that Greene and Gaynor were actual partici- pants in the fraud of Captain Carter and that these substantative offenses and par ticipation in them were clearly covered by the provisions of the extradition treaties with England and by the laws of both the United States and Canada. It Is be- lieved that the privy council sustained this contention. also indicating that while the case involved conspiracy, there was also something more. viz.: participation In the substantiative offenses actually con- summated.
 While 1t is not now possible to state &C., curately the immediate effect of the tudg- ment of the privy council, 1t is regarded as notable victory for the United States. The case will now go up on appeal. for deliberate consideration of all the ques- tions involved. from the decision of the single Canadian judge to the privy coun- ell of England. 1t is not yet known when the case will be heard on the merits by that tribunal.
 The brief report received seems to show plainly that the contentious of the United states on the merits have been sustained and the final result of the surrender of Greene and Gaynor by the Canadian au- thorities is foreshadowed