Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-09-30
AN APOLOGY
rendered by One Of Our
Own Judges
For Having Fined a Foreigner
for An Offence Committed
/, Our country-What Would
Yankee Have Done!

Boston, Sept. 29.-After allowing
time for communications in the phelps
Quincy case to reach Washington, GOV.
Rates today. made public various let
ters bearing on the subject. The gov
ernor informed the state department
that the judgment against Third Secre-
tsry Quincy Of the British embassy
has been vacated and the fines inposeu
RENTED. He says that Judge fheipS
had expressed regret to the secretary
nv letter. a COPY Of which he forwarded
together with statement by Judge
Phelps.
Governor Bates suggests that the at
tention of the British ambassador VIII
b.. called to the breach OF the laws OIL
Massac husetts, under the beiIel thdt
the ambassador will take such action
as the case may demand. The COVER
nor also expresses regret that want OF
knowledge Of the law has resulted In
an error Of judicial authority in Mas
sachusetts. and expresses the hope that
the statement Of regret by Judge
PheIps may be recognized as con-
elusive disavowal of any intention of
ternatiOnhl law.
The governors letter to the state de-
partment follows:
Executive Department,
Boston, Sept. IS.
Hon Away Adee, acting secretary OF
state, Washington. u. G.:
Sir-Your telegram OF sept. % was
received in my absence and replied to
by the lieutenant governor, acting gov
ernor.
AS the result Of an investigation
made by him | find that Mr.. Quincy
tn. third secretary of the British en-
bassy, WAS found guilty by Judge
Phelps, Justice of the police court of
L-.. IN the county of Berkshire. in this
commonwealth. upon charge Of vl"-
latiun # the law of the state relative
IL the running Of automobiles upon
public highways. The statement OF
Judge Phelps with relation to the pro-
C..dings i'll the case | entlos" herewith.
From this il appears that under a mis-
apprehension as u the jurisdiction or
his court over the person of tn" de-
PENDANT the justice acted in violation
Of tn. United states statutes in ad-
Judging Mr.. Gurn.y guilty and in i'm
posing sentence therefor. | pom being
appraised Of MS error Judge Phelps or
d,red the Judgment vacated. tn" fines
imuoe-d remijte! and has requested
M to forward through ynu 10 Mr..
Quincy his cn,. .sS-i letter.
As executive If this commonwealth
deeply regret that want uf knowledge
Of tn" law. seldom. if ever invoked in
,.-5-l ), -al.r 20 &. h
immunity Of representatives, If a for
.ign government has resulted in this
error of judicial authority and | ven
tur, Ia hop, that the explanation ant
exurassinn nf regret forwarded here
with by Judge Phelps may b" recog
nzcd az a conclusive disavowal of an,
intention on the part Of tn" member @
the judicial government Of this stat
to ignore tn" recognized provision Q
international law, or to manifest an
lisrcSpcct to the representative OF tn
government Of His Eritannic Majesty
While this incident is greatly to h
dcplorc.i ! vcntur" to suggest ms /
some degree cXculpatory of the Cour
in this matter. that the representative
of foreign governments who haN
dwclt among us have always Conducte
themselves with such regard for tn
commonwealth as to hilbert" furnls
no oCt aston for the consideration -
our courts Of criminal jurisdiction q
the immuntics to which such foreiE
r.-pr. ,entativcS are entitled undtr tn
law Of nations and through which the
may find protection when disregardin
our laws.
| suggest that the attention OF tn
ambassador of His britannia Majcst
IL, invited to the breach Of the laws .
this commonwealth disclosed in tn
statement &c Judg" Phelps accompany
ing this letter believing that if his ut
tcntion is called to it nc will take sue
action as to make certain that inmu
rity from prosecution I'm our court
shall not permit the safety of our citi
Z.nS to h. endangered, or our law
to he violated because through inter
national comfy. jurisdiction of our ow
tribunals is withheld.
Respectfully.
JOHN l.. BATES.