The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1904-12-18
OPINION NEXT MONDAY
Green and GaynOr Hearing by
British Privy Council
Concluded.

London, Dec. 1.-THE privy council,
which yesterday began hearing the APP
peal Of the United States against the
decision of the justice of the crown at
Quebec in the case Of Green and Gay
nor, adjourned at the conclusion OF the
arguments today. Judgment VIII be
rendered Dec. 10.
Donald McMaster, K. c., Of Montreal.
concluded his argument in behalf of
the United States today and was fol-
lowed by Herbert H. Asquith. former
home secretary. representing the two
respondents, Mr. Asquith contended
there was no ground for the interven-
tion of the privy council. The most
their lordshps could do was to express
an abstract opinion on the merits of
the case Mr.. Asquith complained of
the form in which the American gov
eminent had presented the case. 1t
seemed to him highly improper. He
read a paragraph in the American
printed case commencing whether the
Judge I'm the discharge Of his duty
and ending NOR indeed do they think
il necessary to do so" Mr. ASquith
said he considered it was a serious
matter that suggestions of this kind
should be made in a printed document
in a legal inquiry OF this description"
The lord chancellor, Lord Salisbury,
concurred. saying:
1.-THE suggestion contained in that ex-
tract is absolutely Irrelevant TO the
question of legality. I must deprecate
the Introduction of such matters into
the appellants case. They 'eannot af-
feet our judgment on it's merits"
The paragraph in question is as fol-
lows:
whether a judge in the discharge OF
his duty. who certainly has done
nothing TO merit such treatment may
be threatened with discipline. 'judici-
airy or administrative by a law part
ner Of the minister OF justice and at
torney of Canada; wether 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-
gard to the same waiter: whether it
| is seemly that the petition OF the lat
er writ should be applied for in the
name of a law firm in which the min
lister OF justice and attorney of Can
ada is a partner and of which the pre-
! mier of Quebec is also a partner, and
that nearly q month should elapse and
! several proceedings intervene before It
was discovered that the whole name
of the firm should not have been used.
/ but only three-fifths thereof; whether
| equally ii is seemly that the partner
| of the attorney general of the province
| of Quebec (the latter being a member
| of the provincial cabinet and col
| league of the premier of the province),
| should be counsel for the fugitives;
whether il is proper that the crown
/ should be unrepresented throughout
| the protracted proceedings. Involving
not only serious charges but interna-
tional treaty obligations-are matters
upon which the appellants do not at
this time desire 10 make any further
comment, nor. indeed. 70 they think
] it necessary to do So"
Mr.. Manchester said to the Associ-
ated Press that he was confident the
decision of the privy council would
be i'm his favor. but he declined to say
what would be the next step of the
United States attorneys. Mr.. McMas-
| ter did not expect Greene and Gaynor
10 surrender for extradition.
/ AS to Mr.. Asquith's complaint, Mr.
| MacMaster said il would have no ef-
feet on the case. Mr.. Manchester agreed
that the paragraph referred TO by Mr..
Asquith was irrelevant, but he added
that by taking exception 10 it the
respondents emphasized the point
made by the American government.
| Mr.. Manchester has left for Queens
town to Overtake the steamer, Cam
pania. which sailed from Liverpool to-
day for New York.