The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-12-20
GREENE AND GaYNoR CASE.
Arguments on the Appeal OF the Unit
ed States Against Decision OF the
Justice Of the Crown ut Quebec
Heard Before Privy Council.

London. December I7.-The pvivy
council which yesterday began hearing
the .spreal OF the United States against
the decision o! the justice OF the crown
at Quebec in the cas- OF Greene and
iGaynor. adjourned st the conclusion OF
',he arguments today. Judgment viii be
rendered December 70.
Donald MacMaster. X. c.. OF Mont
real. concluded his argument in behalf
OF the United States today and
was followed by Herbert II. Asquitn,
former home secretary. representing
the two respondents. Mr. Asouith con-
tended there was no ground for the
intervention OF the privy council. The
most their lordships could do was 10
express an abstract cpinoin on the mer-
its Of the case. Mr.. Asquith complain
led OF the form IN which the American
government had presented the case Il
seemed TO him highly improper. He
read = paragraph IN the American print
led case commencing Whether the
judge in the discharge of his duty" n
lending nor indeed do they hin 4
necessary TO do So"
Mr.. Asquith said he considered IL was
Ia serious matter that suggestions Of
this kind should be made in a printed
document in a legal inquiry OF this de-
scription.'
The Lord Chancellor. Lord Halesbury.
l~cCncurred. saying:
e" The suggestion contained in that
extract is absolutely Irrelevant TO the
Question of legality. L must ~deprecate
the introduction Of such matters int
the APPELLANTS case. They cannot af-
fleet our Judgment on its merits
| The raTa praTah -, Question - aG fol
lows:
Whether a judge in the discharge
lof his duty who certainly has doae
nothing TO merit such treatment may
be threatened with discipline. judicial
irv or administrative by a law partner
iof the minister OF justice and attorney
general of Canada; whether one judge
lof the superior court can cause his writ
lof habeaS corpus To issue before an
pther judge of the same court has dis
posed Of the prior writ issued in regard
ito the same matter. whether it is Seem
ly that the petition Of the latter writ
SHOULD be applied for in the name OF
a law firm in which the minister %
Justice and attorney general OF CanadL
is a partner and Of which the premier
lof Quebec IS also 2 partner and that
nearly a month should elapse and sey-
leral proceedings intervene before ii was
discovered that the hole naIne of the
firm should not have been used, but
lonly three-ffthS thereof; whether
equally it is seemly that the partner
IOf the attorney general of the pro-
Vince of Quebec (the latter being a
Imember Of the provincial cabinet and i
colleague of he premier OF the pro-
Ivince) should be counsel for the fugi-
ltives; whether it is proper that the
lcrown hould be unrepreSented through
Ithe protracted proceedings involving
mot only serious charges, but interaat-
lional treaty o~bligations-are matters
upon which the appellants do not at
this time desire to make any further
comment o indeed do they think It
necessary to do So"
Mr.. MacMaster said to the Associated
Press that he was confident the de-
iclslon or the privy council would be IN
his favor, but he declined toFsay VIVA.
would be the next step OF the United
Estates attorneys. Mr.. MacMaster do
mot expect Greene and Gaynor 10 sur
lrender for ~extradition.
AS to Mr.. Asquith'S complaint. Mr..
MacMaster said 1t would nave no effect
feet on the case. Nj. Manchester agreed
lthat the paragraph referred to by Mr..
Asquith was irrelevant. but he addei
that by taking exception to ii the res
t~oonc1nts emphasize the point made by
ithe American government.
Mr.. MacNaster has left for Queens
Itown to oVertake the steamer Gamma
mia which sailed from Liverpool TO-DAY
flor New Orleans.