The semi-weekly messenger. [volume] (Wilmington, N.C.) 1897-1908, 1904-10-04

BOSTON. AaSr.a
pressions of regret by Governor John L.
Bates and Special Justice II. c. Phelps.
of the municipal court at Lee. Massa-
chusetts, h van OF knowledge OF in-
ternatlonal law had resulted In the I'M
position Of a fine by Judge Phelps on
Hugh Guerney, third secretary of the
British embassy have been forwarded
to the state department a I Washington
Secretary Carney on Monday last was
adjudged guilty of exceeding the laws
governing the speed of automobiles and
of contempt of court in refusing TO
plead to the charge against him ana
was fined $50. He protested and the
matter was called to the attention OF
the state department by the British
ambassador with the result hat Gov
ernor Bates was asked to investigate.
Prompt action was taken by Lieutenant
Governcr Currs Guild. Jr.. In n alb
sence OF the governor and by Governor
Bates on his return to the state yester-
day and several letters bearing on The
case were sent TO Washington yesteT-
day.
SONtTHOT btlSS III iS A@ARS
ed the state department that the judg-
ment against Third Secretary Guerney
of the British embassy has been vacat
ed and the fines imposed RENTED. He
saws that Judge Phelps had expressed
regret to the secretary by letter, a copy
of which he forwarded together with a
statement by Judge Phelps. Governor
Bates suggests that the attention OF the
British ambassador be called TO the
breach OF the laws Of Massachusetts
under the belief that the ambassador
will axe such action as the case may
demand.
The governor also expresses regret
tha want of knowledge of the law has
resulted In an error OF judicial author
ity i'm Massachusetts and expresses the
hope that statement of regret by Judge
Phelps nay be recognized as a conciu-
sive disavowal of any Intention OF Mas
SachuSetts courts to ignore information
al law. The letter Of Judge Phelps to
Third secretary Guerney follows:
Sir: AS justice OF the Lee police
court. / find occasion TO express my
profound regret that. through a misap.
Prehension of the Law / assumed that
the court had jurisdiction over the
person OF a membe OF the embassy OF
the British government. Having be-
come appraised of this error and seek
ing to make all possible r~eparation
therefor, the court has vacated and
annulled all proceedings taken In the
matter of the complaint against your
self and the judgment en-
tered thereon.
Il beg further TO express my profound
personal regret that I should have
been. without intential error, n cause
of your own persona vexation and
annoyance. or that anything should
have occurred which may lave seemed
TO be, though not so in fact, a want OF
respect for the rights Of a representa-
tive OF the government Of his Britain
mic Majesty"
The statement OF Justice Phelps il
an elaboration OF the facts in the case
briefly set forth In the letter of Gov
ernor Bates 10 the state department..
The statements made by Mr. Guer-
ney before the court. Justice Phelps
says. were Of UGH a character as to APP
pear TO him TO be a manifest and in
tional defiance OF judicial authority
and TO be. as he believed. and found, In
contempt Of the court He proceeded.
he said, in ignorance OF the usages OF
international law and Of the provisions
of the federal statutes. the question
never before having come before the
court, nor was IL 80 presented 10 him
as to advise him of his error In the
premises. The action of the court. JUS
tice Phelps declares. was inspired h
u ain e.
force h law and for the protection OF
human life endangered by the conduct
Of Mr.. Guerney as established by the
evidence presented to him.
Washington. September 29-;ov-
ernor Bates report was received at the
state department this afternoon and
was Immediately given a careful peru
sal By the officials. Il was found
scarcely TO meet the needs OF the de-
partment. because IL does not set out
the details OF the Lee affair which are
required to make out a legal presenta-
ton of the case. Therefore the depart
ment has decided TO await the report
which is expected TO be forthcoming
from the department Of justice on this
subject When the governors letter in
thus supplemented. the state depart
ment win proceed 10 prepare a commu-
nicatfon TO the British Ambassador.