New-York tribune., 1905-02-09
TO BE BROUGHT HOME.
Washington Officials Much Gratifed
by Greene-Gdynor Decision.
LEnoM rErr rEssuxz zrazar.1 !

New-York who were associated with ex-Csp-
tain Oberlin NJ Carter in the Savannah Harbor
improvement frauds, viii be brought back 10
the United States for trial. BY the decision OF
the Privy Council OF England. tribunal CORE
spending in dignity and Importance to the
United States Supreme Court. the contention OF
the United States is upheld. and the proceedings
for the extradition of Benjamin D. Greene and
John F. Gaynor may now be resumed at the
point where they were discontinued through the
unwarranted intervention OF the Canadian Jus
tice Caron. If the Department or Justice Il cur
rectly informed 10 the scope Of the opinion.
little doubt remains OF the ultimate extradition
Of the fugitfves and their trial for embezzlement
and fraud against the United States government
before the American courts.
It is assumed that at the earliest possible mo-
ment consistent with orderly legal procedure
Greene and Gaynor will again be a-raigned be-
fore Judge La Fontaine Extradition Conmis-
sioner OF Montreal. before whom the case was
being heard when Justice Caron interfered- AS,
under the Canadian laws. Judge La Fontaine's
jurisdiction extends over the entire Dominion.
his competency to decide these particular extra
dition proceedings is unquestioned, and on that
decision, with no further appeal possible. the
return of the fugitives to the American author
ities is practically assured. Justice Caron
whose extraordinary action in the case brought
the bench and the scathing rebuke administered
by the Privy Council to the methods employed
by the justice is regerde6 a. sufficient IN Itset
to prevent any further display OF high hanGe1
contempt of the Canadian laws even should any
inclination in that direction be manifested
In these dispatches Of February 23. 1904. al
tention was directed to the case. then pending
before the United States Supreme Court. Of
Petit against Walshe which was commonly
known as the Lynchehaun case. II was pointed
out that under the assumed name OF Walshs
Lynchehaun was arrested in Indiana at the in
stance of Great Britain. which demanded his
extraditfon Commissioner Shields. Of New
York issued the warrant for his arrest. and
habeas corpus proceedings we're then instituted
which resulted in his release from custody by
the United States Circuit Court. the ground
that he was Illegally arrested. as he was outside
the Jurisdiction OF the commissioner Issuing the
warrant The United States Supreme Court re-
Gently upheld this decision
The Greene and Gaynor extradition proceed
ings were regarded, as paralleIins the Lynche-
haun case in many important particulars. foT
the reason that this government cOntended for
the same Interpretation Of the extradition law.
based on the identical treaty between the
United states and Great Britain Thus far the
cases were analogous but differ in that. under
the United States statutes, Commissions
Shields in the Lynchehaun case, could not ex-
tend his Jurisdiction to Indiana, while the Cana
dian law permitted Judge La Fontaine TO sx-
tend his Jurisdiction In the Greene and Gaynor
cases. as extradition commissioner. over the en-
tire Dominion The decisions Of the highest
tu6iciaI tribunals OF both countries straighten
out a peculiar international mix-up, resulting IN
the triumph Of the United States IN the Greene
and Gaynor cases. and the defeat Of Great
Britain in the proceedings against Lynchehaun.
The Attorney General. speaking to-day OF the
decision Of the judicial committee OF the Privy
Council. said that for various and obvious rea-
sons. and especially before the receipt OF the
fun text of the opnion II impossible TO
sneak OF its effect and the precise result on the
future programme Of the government toward
the accused. The government Is. OF course,
greatly gTatifed az the result. ne said II mas
always been convinced that the injunction o.
Justice Carou discharging the defendants was
erroneous ana un5Ust1hable, and has been cor
edsnt OF SUCCESS in its contentious before the
Privy Council u seems clear from the cable
reports of the decision that the Jurisdiction OF
the Montreal Commissioner Mr.. La Fontains.
to issue a warrant of arrest valid IN Quebec. IS
sustained. and that, on the other hand. AFTER
prisoners TO the Montreal jurisdiction for the
completion Of La FOntaines inquiry. Justice
Caron. while having jurisdiction to issue habeas
corpus. bound 10 follow the remand He
was therefore In error in taking the case on the
merits and disChargiDg the prisoners before the
United States had enjoyed a tuu opportunity 20
make out its case under the treaty. It seems
that the decision OF the Privy Council denom-
mates Justice Caron's intervention as "ex;racr-
binary" Active proceedings 70 secure removal
win now be resumed as soon as the Kings 0rder
is received in Canada This is the real judgment
and mandate IN the case. the Judgment OF the
Privy Co neil being simply a report of the ju-
diciaI committee TO the King in council. UPON
which the King in council makes the oTGer auG
decree.
John F. Gayuor. treasurer Of the New-York state
Democratic Committee, and Benjamin d. Greene
were indicted at Savannah December s 1893
They were members Of the Atlantic Dredging
Company which had a government contract for
work in the Savannah River and the Cumberland
sound This work under the supervision
the part OF the government Of Captain Oherl2a NJ
Carter. Charges were brought against Captain
Carter OF derehction OF duty. and AZ his court
martial the facts we're brought out that the gov
ernnent had been defrauded to large amount
the work. the Illegal profits being estimated at
s. OeoG0a Carter tried and convicted. end
served q term OF five years imprisonment az
I.eavenworth. Kan. The indictment found against
Carter Gaynor. Greene and other members OF TIRE
NIAGARA FALLS AND RETURN. So
via Isckswanna Railroad Tickets good going