Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-09-06

State Department at Washington will APP
point Assistant States Attorney Olsen OF
Chicago and James Kelly, managing editor
OF the Chicago Tribune special representa-
tiveS of the government to bring Stensland
back to the United Staes
No Reply From Minister Gummere.
According to information given out at
the State Department today. Mr.. Gummere,
the American minister to Morocco has not
yet replied to dispatches calling upon him
for additional details in connection with
arrangements for the return of Paul o.
Stensland. the fugitive president of the
Milwaukee Avenue Bank of Chicago, to this
country.
Investigation as to legal precedent for
the return of prisoner from a foreign
country where there is no extradition with
the United States has clarified the situa-
ton greatly and the State Department Of
fcials feel that no obstacle whatever can
be raised against an uninterrupted transit
for the prisoner and his custodians, who
ever they may be.
The Case of Ker Cited. -
The case OF Ker against the state of ILL
nois. which was decided by the Supreme
Court OF the United States, is Almost iden-
teal with any resistance that 1Stensland
might make should he be removed by force
from Morocco with or without the consent
Of that government. Ker was a defaulting
treasurer of Cook county, Illinois, and fed
to Peru. request for extraditt0n was
made by the State Department and placed
in the hands OF a representative Or theffIl-I
iinois states attorney. In Cailao. Peru,
this representative Jewett by name, met
Ker and. selling him. personally: conveyed
him to an American vessel which was in
port and sailed for the United States with
out having served his extradition requisi-
ton upon the goYernment of PerussAt San
Francisco Ker resorted to ffabeas corpus
proceedings for his release and that was
met in court by requisition from the gov
ernor of Illinois upon the governor Of Cali
fornia for the extraditiOn OF ker. The req
uisition was honored and the court dismiss
ed the habeas corpus. ker gave-notice that
he would make resistance in every state
through which he was to be taken en- route
to Chicago, and promptly was invited by
the authorities to make good his threat.
They prepared for this by securing extradi-
ton warrants upon the governors of all of
the states through which they were to pass
and therefore the transit was not delayed.
Ker appealed the case to the Supreme
Court of the United States. which ruled in
favor of the Illinois authorities. This para
graph Is taken from the opinion:
But where the prisoner has been kid
naped in a foreign country and brought
bv force, against his will, within the
jurisdiction of the state whose law he has
violated. with no reference to an extradi-
ton treaty, though one existed. and. no
proceeding or attempt to proceed under
the treaty, this court can give no relief,
for these facts do not establish any right
under the Constitution or laws or treaties
of the United States.
Return Of the Fugitive.
Consuls in extra territorial ports do not
possess power to arrest and return fugi-
tives from justice to the United States.
That situation applies to Morocco. but
the Moorish government has not inter-
posed any objections to any course the
United States minister chooses to take
as the courts of this country do not in
Quire into the manner in which fugitive
is brought within the jurisdiction of state
or federal au ,orities 1t Is believed at the
State Department that practically the
last difficulty has been surmOunted un-
less 1t be the finding of suitable trans
portation direct to the United States. It
is known that the department has under
cier, the refrigerating ship now on Its
way home from conveying the dry dock
Dewey to Manila, although no decision
has been reached as between that ship
aud some merchant vessel. The Glacier
was reported yesterday to have left Co.
lombO, Ceylon Island. for Suez. a distance
from Tangier of approximately twenty
five days. At the State Department and
the Navy Department it Is said that no
request from responsible authorities has
beer made for warship. and it is re-
means would be employed.
Chief Clerk Binns Appears.
Shortly after noon today Charles L. Binns.
chief clerk of the states attorney ONCE of
Cook county Illinois. appeared at the State
Department with a letter Of Introduction
from States Attorney Healy. He Is equipped
with a full set of extradition papers, which
had been sent along merely as precaution-
airy measure. because they will not be need
ed in all probability to secure the return to
this country OF Stensland. Mr.. Binns spent
some time discussing with the ofnctals OF
the department the best means Of securing
the return of the fugitive. All difficulties
have disappeared excepting the question of
transportation. and that Is now regarded
as minor matter.
Two courses are open; one to place the
man on the first merchant vessel touching
at Tangier on her way to the United States
and the other to await the arrival at that
port Of the naval refrigerating ship GLACIER.
No orders have yet been sent to the Ola
cier to serve In that capacity though the
matter was discussed today between Sec
rotary Bonaparte and Admiral Converse.
chief of the bureau of navigation. Naval
officers are never anxious to use their
ships to convey criminals, but II the State
Department makes the request of course
II will be honored.
the State Department will send by mail
the Presidents warrant to Messrs Olsen
and Kelly to take StenSland into custody,
which document may be of service when
the man arrives in New York to thwart
any legal efforts to secure his discharge
by habeas corpus. The President, himself.
has shown great interest in this case, hav-
ing received many communications from
people in Chicago urging the national gov
eminent to do everything possible to Sc
cure a prompt return of Stensland for
trial. The State Department has antici-
pated these requests and has notified Gov.
Dineen that the department Is perfectly
willing to fully represent the state OF ILL.,
nois In this matter until the fugitive is
delivered In Cook county.