New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-18
GREENE GAYNOR CASE.
Objection to Form of Presentation
of american ArgumeRt.

London. Dec 1.-THE Privy Council which yes
terday 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 Gay
nor. adjourned at the conclusion Of the arguments
to-day. Judgment Will be rendered on Decem-
Der l9.
Donald Macmaster. Il c, of Montreal concluded
his argument in behalf Of the United States
day and followed by Herbert H. Asquith. for
Home Secretary. representing the two
spondents Mr. Asquth commended that there was
ground for the intervention Of the Privy Coun-
Gil. The most their lordships could do was TO ex-
press abstract opinion on the merits Of the
case Mr. Asquith complained Of the form in
which the American government had presented
tho This form seemed TO him highly i'm
proper. He proceeded to read a paragraph in the
American printed case. beginning whether the
Judge In the discharge or his duty" and ending
nor indeed do they think 1t necessary TO do So
Mr.. Asquith said he considered lit was serious
matter that suggestions Of this kind should be
Isade in q printed document IN legal inquiry Of
this description"
saying:
The suggestion contained In that extract IS abso-
Iutey irrelevant to the question OF legality must
deprecate the Introduction Of such matters INTO the
appellants case They cannot affect our Judgment
on its merits.
The paragraph referred 10 is as follows:
Whether a judge in the discharge Of his duty,
who certainly has done nothing 10 merit such
treatment may be threatened with discipline
Judiciary or administrative by a law partner OF
the Minister OF Justice and Attorney General or
Canada: whether judge of the Superior Court
can cause his writ of habeas corpus 70 issue be-
of a prior writ issued regard 10 the same mat
ter: whether II is seemly that the petition or the
later writ should be applied for In the name or
law firm in which the MiRisteC OF Justice ana
Attorney General OF Canada Is partner aud d
which the Premier Of Quebec is also a partner,
and that nearly a month should elapse and several
proceedings intervene before II was dlso ered tdt
the whole name Of the firm should not nave peen
used hut only three-fifths thereof: whether equally
il is seemy that the partner Of the Attorney Gen
eral OF the Province of Quebec the latter pelhs Il
member Of the Provincial Cabinet ana a coIleae ue
Of the Premier of the Province should DC coi.Sei
for the fuEitives: whether II Is proper tust .Ee
Crown should be Unrepresented thFouS llout t!t5
protracted proceedings involving not only serious
charges. but international treaty opHGd ~,
matters upon which the appellants 40 I!ol AZ 't t
time desire 10 make any further comment "oi' All
deed. do they think II necessary to do SO.
MI Macmaster left London for Queenstown this
afternoon to overtake the Cunard Line steamer
Campaua. which sailed for Network to-day mop
Ing he home by Christmas. He said tl'at ne was
confident the decision OF the Privy 'odhe' ""uIu
be in his favor. but he declined 10 say what "ouid
be tho next step Of the United States attorneys
Mr. Macmaster did not expect Greene and Gayhor
TO surrender FOR eXtradition
As TO Mt Asduiths complaint MI Ma "a CiH Iie
said II would have no effect the case M Ma T.
master agreed that the paragraph retrrLea 20 SS
Mr. AsQu!th was irrelevant but he addeu ~ -,
taking exception To Il the respondents empHasi%eu
the point made by tho American government