The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1904-12-18
in HANDS OF THE
PR|VY COUNCIL
Judgement to Be Render
ed in Greene -GaynOr
Case on the Nine
teenth.
(By the Associated Press.)

London, Dec. 1.-THE Privy Coun-
Gil winch yesterday began hearing the
.appeal of the United States against the
decision Of the Jus,iq- s>fhe Crown at
Quebec III the case of Greene 3nd GAY
nor adjourned at the cocnlusion of
the argCmei,ts today. Judgment Will
be rendered December 10.
Donald McMaSter, Il c.. of Mon
treal. concluded his argument in re-
half Of the United States today and
Was followed by Herbert "A. Asquith,
former Home Secretary, representing
the two respondents. Mr.. Asquith con-
tended there was no ground for the in
terVenuon Of the Privy Council. The
foost their lordships could do was to
express an abstract opinion on the
Inier.ts of tae case. MI -Asquith com
plaihed of the form in which the
American government had presented
tie case, ii seemed to him highly i'm
proper se read a paragraph in the
American printed case commencing:
whether the Judge in the discharge
Of his duty" and ending nor indeed
DO they think it necessary to do it
Mr.. Asquith said he considered "it
was q serious matter that suggestions
of this kind should be made in Il print
ed docum ent IN d legal inquiry Of this
description"
The Lord Chancellor, Lord Halls
bury. corcurred saying:
The suggestion contained in that
extract is absolutely irrelevant 10 the
the Introduction of such matters into
the appellants case. They canrot af-
feet our judgment on it's merits"
The paragraph in question is as fol-
lows:
Whether Judge in the discharge
Of his duty who certainly has done
nothing TO merit such treatment NAV
be threatened with discipline judiciary
or administrative by a law partner of
The Minister of Justice and Attorney
GeenraI Of Canada; whether one judge
of the Superior Court can cause his
writ Of habeas corpus to issue before
another judge of the same court has
disposed of a prior writ issued in re
card to the same matterfti Whe her it
Is Seemly that the petition of the lat
ter writ should be applied for in the
name of a law firm in which the Min
lister of Justice and Attorney General
of Canada is a partner, and OF which
the premier of Quebec is also partner
and that nearly a month should elapSe
and several proceedings intervene be-
fore ii was discovered that the whole
name Of the firm should not have been
used. but only three-fifthS thereof;
whether equally it is Seenly that the
partner of the Attorney General OF the
Province of Quebec (the latter being
a member of the provincial cabinet
ard a colleague of the premier of
tha province) should be counsel for
the fugit yes; whether it is proper that
the crown should be unrepresented
throughout the protr;.cted prCce 'din"s
involving not only serious charges but
treaty of obligations-are
Il alters unon which the appellants
cont at this time desire to make any
further comment nor indeed do they
think it necessary to do So
Mr.. MaeMastar said to the Associat-
ed Press that he was confident the de-
cision of the rivy Council would be
in his favor but he declined to say
what would be the next step of the
United States attorneys.
Mr.. MacMaster lid not expect
Greene and Gaynor to surr2nder for
nXt"aditicn
AS to Mr.. Asquiths complaint, Mr..
MacMaster said it would have no eff
feet on the case. Mr.. Mac Master
greed that the paragraph referred to
nv Mr.. Asquith was irrelevant but he
added that by taking exception to it /
the respondents emphasized the point
made by the Americacn gover nment.
Mr.. MacMaster has left for Queens
town to overtake the steamer Cam
pania, which sailed from Liverpool to-
day for New York.