Evening star., 1915-02-04
Great Britam's Request for
Horns Extradition Raises
Intricate Problems.
NEUTRALITY VIOLATION
is BEING DISCUSSED
Prisoner Held in Maine on Charge
of Damaging American Prop
erty in Vanceboro.

tlian-Paciflc bridge across the St. CrofX
river. rested in the State Department
today, where officials began a study OF
the papers. While officials consistently
declined to discuss it, it will be some
time, and only after the most careful
investigation. before the case Is put
on it's course.
Officials pointed out it was most un-
usual and complicated case. and one OF
the most interesting legal questions
that had arisen since the outbreak OF
the war.
When the evidence is received by
mall. the application for extradltion
and evidence will be sent to the local
magistrate in Maine, where Horn is
held on charges preferred by the state.
The Secretary of State. finally, how
ever, has discretionary powers, auu II
he has reason to believe that prison.
er may be tried for political offense,
he withholds extradition.
Whether Horns act was violation
of American neutrality was discussed
among officials as question might
raise another complication in the pro-
ceedings.
German Embassy Seeks Information.
Prince Hatzfeldt, one of the secre-
taries of the German embassy here,
called at the State Department today
in search of information regarding
Horn. The department has nothing on
the case officially beyond the notice of
the Department of Justice of the arrest
of Horn and the British application for
eXtradition.
Meanwhile the German embassy is
prosecuting another line of inquiry
through the German consul general at
New York, who probably will dispatch
ID DIV tI-Vt Il to
Vanceboro to confer with Horn and In
vestigate his claim to German citizen
ship.
If his citizenship is established. 1T
does not follow that the German gov
ernment will be directly represented
by counsel in any proceedings at
Vanceboro. but 1t is expected that, un-
officially at least, the German govern
ment will see that Horns rights are
safeguarded.
Procedure Expected.
1t is said at the State Department
that 1t will be necessary to bring Horn
at once before a United States COM
missioner il he is to be kept under
arrest pending the issue of the extra
dition proceedings.
1t Is presumed that some of the legal
officers of the Canadian government.
properly authorized, will appear before
a United States commissioner and swear
out complaint upon which will be based
a warrant for Horns arrest as United
States prisoner.
That would result in United States
deputy marshal relieving the Maine state
official of the custody of the prisoner
while the commissioner was hearing the
prina facie case presented by the
those pfeliminaries viii be disposed Of
at NancebOro.
Formally Applies for Extradition.
Formal application for the extradi-
tion to Canada of Werner Horn.
charged with attempted destruction
of human life" was made at the State
Department last evening by Sir Cecil
Spring Rice, the British ambassador.
The bassador called personally at
the department and presented brief
note to Secretary Bryan based upon a
communication from. the Canadian
minister of justice at Ottawa. inform
wanted on the charge of attempting
to destroy human life, through the
willful and unlawful destruction of
the st. Croix river railroad bridge.
munication to the solicitor of the de-
partment for examination as to its
form. If the application ls found to
be regular. Horn will be ordered
before a United States commissioner
nearest to Nanceboro. where he Is now
under detention. and the Canadian au-
thorities will be allowed the privilege
Of appearing by council to make out
a prima facie case sufficient to justify
the demand for the surrender of the
prisoner.
Might Even Invoke Courts.
The machinery in such cases up to q
| certain point works almost automati-
cally and there will be little for the
State Department to do involving the
exercise of any discretion until the
commissioner has passed upon the
case. Should he decide that there is
no case against Horn the prisoner
might be discharged without further
proceedings. If he holds the man for
extradition. then it is competent for
Horn or his friends to. take an
appeal to the State Department and
resist the execution of the commits
sinner's order 1t is even possible in ex-
treme cases for the Cnites States
courts to bE invoked in the prisoners
behalf, though this Is q rare occur
renee.
Horn already has indicated his
purpose of fighting e=.radition. In a
telegram he has appealed to the Ger
man ambassador to look after his In
terests. declaring he is a German sub
ject and did not put foot on Cana
dian soil"
The last statement was taken here to
indicate IL purpose on the part of the
prisoner to make the technical point
that, though he was on the bridge. he
did not actually stand on Canadian
soil AS the divisional line or bound
airy between the United ..tates and
Canada follows the middle line of the
st. CroiX river. and the piers of the
bridge rest on Canadian soil at the end
where Horn is said to have placed
Ibis charge of dynamite, the officials
here attach no Importance to this plea,
Must Prove It Act Of War.
officials of the State Department de-
clined to express any opinion publicly
in regarde to the sufficiency of
Horns contention that his offense was
political" that 1t was an act of war
directed against his country's enemy
and that it was his intention to proven,
the continued transportation across
this bridge of troops and munitions OF
war going to Europe to be used against
Germany 1t was pointed out. however
that to prove that his act was an ac,
of war. Horn must produce eyi-
dence that he was acting under higher
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