New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-09-30

the speed Of automobiles and contempt Of court
IN refusing 10 plead the charge against him. and
was fined $50. lie protested. and the case was
called 10 the attention OF the State Department by
the British Ambassador with thu result that
Governor Bates was asked 10 make an investga-
ton. Prompt action taken by Lieutenant Gov
efnor Curtis Guild .r. in the absence of the Gov
ernor and by Governor Bates on his return 10 the
State yesterday and several letters bearing on the
case were sent TO Washington yesterday
The Governors letter 10 the State Department
follows
pd 67S2pt se9t PgPsrtEg22'Pis a.
me non Alvey A Adee. Acting Secretary Of
Sir: Your telegTam Of September % was received
Governor Acting CovdTnor As the result Of an
Ibe fT5 mace by him md tn4t Nj Gurney
found guilty by Judge Phelps justice OF the police
Commonwealth upon a charge OF violation of The
law OF this State relative 10 the running OF auto
monies piles upon The public highways The statement
~ yIose Fh9lls with relation 10 the Proceedings
Pears thai md NJ rom ms II ap-
jurisdiction Of his court over Tho person OF the
United States statutes in adiudgnE Mr. Quincy
guilty and imposing seut=nne therefor. Upon being
apprsed Of mis- error Judge Phelps ordered the
and has requested nc TO forward through You 10
AS Executive of this Commonwealth, I deeply
II ever invoked in our inferior courts with Teia
ZION to The immunity OF representatives Of a for
5udicia! authority, and ! 10 hope that the
herewith b. Judee Phelps may be- recognized as
conclusive disayoWal OF any intention on the
Inc govei Of this State to ignore the Teeog
nized provisions Of international law mani
government OF his Britannia majesty
While the incident IS greatly 70 De deplored ]
Nh,Hge 70 ggsgest as IN some degree eNeulIatoTy
tstiTes Of foreign rovernrnents Who have dyet
among Us have always conducted themselves with
IS hitherto 70 Furnish 10 occasion for the con-
sheraton by our courts Of criminal jurisdiction
lU,fnNIlfieS foreign
sentatites are entitled under the law Of nations
t6 oGr % attention II tho Ambassador
of HIS I3ritaInic majesty be invited 70 the breach
Of the laws Of this commonwealth disclosed In the
ter believing that if hts attention is called 10 H.
he viii take such action as 10 make certain that
permit the safety q our citizens 70 be endangered
or our laws 20 De Violated because. through inter
national comfy Jurisdiction Of our own tribunals
Is withheld, Respectfully. JOHN /. BATES.
The letter Of Justice Phelps to Mr.. Quincy fol
lows:
Lee Mas, September q 1904
Hon. Hugh Quincy. Third Secretary Of His Brit
annie Majesty'F Embassy, Lenox Mass
occasion 10 cypress i 's g ro R9S ta
that the court bad jurisdiction over the person Of
member o. the embassy u the British govern
seeking 10 make an possible PREPARATION therefor
the court has vacated aqd annuled an proceedings
self. and the erroneous judgment entered thereon.
Fret that ] should have beer without intentional
error, the cause OF your personal vexation and
which may have seemed 20 be. though not so in
iaci, a want OF respect for The rights OF a repre-
majesty. Respectable HENRY G PHELPS
Justice OF the Lee Police Court.
The letter Of Justice Phelps TO Acting Governor
Guild Is follows,
his Honor Curtis Guild jr. Lieutenant Governor,
Acting Governor. state House. Boston.
Sr- II response 10 your telegram / have the
honor submit the following statement in regard
Curney third eeereary of lis Ftannic ma
embassy:
Mr. Quincy was arragned before this cour, for
Stockbrdge in violation Of Section 8 Chapter 473
OF the Acts Of the commonwealth OF Massa chu-
sclts 81 L#5. which section s follows:
NO automobile motor cycle snail be run on any
thiclIy settled or business part OF a town or fire
district Al speed exceeding fifteen miles an hour
OF within a city the rhickly settled or business
part Of a town OF fire district a speed exceeding
Of nterstec;ins ways also in traverSifa crossna
or intersection and in going around "a .
r. automobile or motor Gle shall Al a rate OF
no uIe greater than II reasonable and proper hav-
lns regard % traffic and the use of the way and
me safety q The public and in no event exceeding
Mr. Gurney refused TO plead to the charge. and
.e1 |45ii %te.fea a pea OF NOT guilty 70 be
me beyond REASONABLE doubt that the offence had
Sr quincy sisilty ana sentenced INN TO pay q fine
The statements mace by Mr. Curne- before the
court were OF such a character as TO appear to me
~ DC msnieS Il and iptenuonal defiance of judi
IN contempt Of court. Thereupon adiudged lin,
49, ji co lii3sed me Of So therefor.
tary % his Britannia r-afesty's embassy ~ 10,
liable 10 for breach Of the Isyyys " ~ 10y 10y
State 10 arraenmont b. fore this con- ~ % ms
rs 'nrlsdictlon have therefore. this day caused
ne Judgment % the court TO be vacated The fines
10 De RENTED and returned I send yon haroT,itt