Evening star. [volume] (Washington, D.C.) 1854-1972, 1905-02-09
EXTRACTION NOW EXPECTED.
Law Officers View of Decision in
Greene-Gaynor Case.

The Attorney General, speaking of the de-
clslon of the judicial committee of the
British privy council in the Greene-Gaynor
case, said that for various and obvious rea
sons, and especially before the recent of
the full text of the opinion it is impossible
to speak of it's effect and the precise result
upon the future program of the government
toward the accused.
The government is. of course greatly
grathed at the result he said ut has
always been convinced that the decision
and action of Judge Caron in discharging
the defendants was erroneous and unjusti-
fable, and has been confident of success in
its contentious before the priyy council II
seems clear from the cable reports of the
decision that the jurisdiction of the. Mon
treal eXtradftion commissioner Mr. La
fontalne, to issue warrant of arrest valid
in Quebec is sustained, and that on the
other hand, after the action of Justice An
dreWS III remandlng the prisoners to the
Montreal jurisdiction for the completion of
Lafontalnes inquiry, Justice Caron, while
having jurisdiction to issue habeas corpus
was bound to follow the remand
He was therefore in error in taking the
case on the merits and dischargine the
prisoners before the United States had en-
joyed a full opportunity to make out it's
case under the treaties. 1t seems that the
opinion of the privy council denominates
Justice CarOn's intervention as 'extraordi-
nary. Active proceedings to secure re-
moval will now be resumed as soon as the
kings order is received in Canada This is
the real judgment and mandate in the case
the judgment of the privy council being
simply report of the judicial committee
to the king in council, upon which the king
in council makes the order and decree"
Although sufficient detail is not yet before
the law officers here to warrant a final
opinion as to the effect of the privy council
decision, the present understanding is that
it will result in the immediate rearrest of
Gaynor and Greene, who are now at large
in Quebec, under surveillance Of Washing
ton secret service officers. There will be a
reopenins Of the extradition proceedings be-
fore Judge Andrews, which had been vacat-
Gals here feel sure that the request for
extradition will be granted.
Gaynor and Greene are technically charg-
ed with obtaining government money under
false pretenses, and the application for ex-
tradition was denied in 1902 by Judge Caron
on the ground that no such offense was set
out in the extradition treaty If the re-
newed application is granted the men will
be taken to Atlanta, Ga, for trial on
charges growing out of the misappropria-
ton of government money in connection
with the river and harbor works on the
Georgia coast under the administration of
Capt. Oberln NJ. Carter.
The officials feel that their hands have
been much strengthened in dealing with ex-
tradition cases between the United States
and Canada by this particular decision, in
dcating as it does disposition on the part
of the British authorities to waive trifing
technicalities and resolve any doubts in the
spirit of the extradition treaty rather than
In its letter.