The Savannah morning news. (Savannah, Ga.) 1900-current, 1904-12-18
NEITHER EXILE
WILL SURRENDER
THINKS THE U. S. COUNSEL.
EXPECTS TO WIN, THOUGH, BE
FORE THE PRIvY COUNCIL.

Greene and GaynOr Case Argued
Counsel for the Respondents OBJ
jected 10 Irrelevant Portion of the
American Printed Case and the
Council Seemed TO Concur In the
ObjectiOn-NOt Believed This win
Have Any Eject.
London Dec. 1.-THE Privy Council
which yesterday began hearing the
appeal of the United States against
the decision of the justice of the crown
at Quebec In the case of Greene and
Gaynor, adjourned at the conclusion
of the arguments to-day. Judgment
will be rendered Dec. 49,.
Donald MacMaster, X. c.. OF Mon
treal. concluded his argument In be-
half of the United States to-day and
was followed by Herbert II. Asquith.
former Home Secretary, representing
the two respondents. Mr. Asquith con-
tended there was no ground for the
Intervention of the Privy Council. The
most their lordships could do was to
express an abstract opinion on the mer-
it's of the case.
Mr.. Asquith complained Of the form
in which the American government
had presented the case. 1t seemed to
him highly improper. He read a para
graph in the American printed case
commencing, Whether the Judge in the
discharge of his duty" and ending,
nor indeed do they think 1t necessary
to do So" Mr.. Asquith said he con-
sidered, 1T was serious matter that
suggestions of this kind should be
made in a printed document in legal
inquiry of this description
The Lord Chancellor. Lord Halsbury,
concurred, saying:
THE suggestion contained in that ex-
tract is absolutely .rrevelant to the
question of legality. 1 must deprecate
the introduction of such matters into
the appellants case. They cannot
affect our judgment on its merits"
Language to which They Objected.
The paragraph in question is as fol-
lows
Whether Judge in the discharge OF
his duty who certainly has done moth
ing to merit such treatment may be
threatened with discipline, Judiciary
or administrative by a law partner
or the Minister of Justice and Attor-
ney General OF Canada; whether one
judge OF the Superior Court can cause
his writ of habeas corpus to issue be-
fore another judge of the same court
has disposed of O prior writ issued In
regard TO the same matter: whether
IL is seemly that the petition of the
later writ should be applied for in the
name of law firm in which the Min
lister OF Justice and Attorney General
OF Canada is partner and of which
the premier OF Quebec is also a part-
ner, and that nearly a month should
elapse and several proceedings inter-
vene before 1t was discovered that the
whole name of the firm should not
have been used. but only three-afths
thereof; whether, equally, It is SEEM
~ that the partner of the Attorney
General OF the province of Quebec Cthe
latter being a member of the provin-
cial cabinet and colleague of the
Premier OF the province), should be
counsel for the fugitives; whether Il is
proper that the crown should be nm
represented throughout the protracted
proceedings involving not only serious
charges, but international treaty obli-
Batlons-are matters upon which the
appellants do not at this time desire
70 make further comment, nor, indeed
do they think it necessary TO do So
Thinks United States VIII win.
Mr.. MacMaster said to the Associated
| Press that he was confident the deci-
sion of the privy council would be in
his favor, but he declined to say what
would be the next step Of the United
States attorneys. Mr.. MacMaster did
not expect Greene and Gaynor to sur
render for extradition.
AS to Mr.. Asquith's complaint, Mr..
MacMaster said 1t would have no ef-
| feet on the case. Mr.. MacMaster
agreed that the paragraph referred to
by Mr.. Asquith was irrelevant, but he
added that by taking exception to il.
the respondents emphasized the point
made by the American government.
Mr.. MacMaster has left for Queens
town TO overtake the steamer Cam
pania, which sailed from Liverpool to-
day for New York.