New-York tribune., 1918-07-30
Go d sol Is Freed;
French Extradition
Plea Ov verruled
District of Columbia SUI
prene Court Honors Writ
of Habeas Corpus
Especial Dispatch to The Tr,bune)

WASHINGTON, July 20. - Frank J.
Godsol. the former French soldier who
made, according to the French govern
ment's estimate, between S5,000,00O and
s10,00O,00O by selling American auto
mobile trucks to the French army, was
freed to-day in a habeas corpus pro-
ceeding by Justice Gould, of the Su-
preme Court of the District Of Co.
lumbia
In his decision, Justice Gould held
that Godsol had not been proved or
even charged with having made any
false prctences to the French govern
ment, and had not, as a matter of fact,
been accused properly of having re-
celved money from the French govern
ment; He held that the commissions
paid by the Pierce-Arrow Company, the
test case on which the proceedings
were based, to Godsol were the bust
ness of the Pierce-Arrow Company. AS
10 the price to France being "burdened"
with Godsol's commissions, the justice
held that the Pierce Arrow Company
was the only one having the right to
complain.
U. S. Attorney to Appeal
District Attorney Archer at once
noted an appeal, but for the first time
since his arrest last March Godsol was
released from custody on bail, which
was fixed at $4,000. Godsol at once
deposited Liberty bonds to that amount
I Since last March the artificial pearl
magnate, who admits that he has lived
for twenty years at the rate of $4,000
a year, has been in the Washington
jail.
Following are excerpts from Justice
Gould's decision:
stripped of technical terms, the
charge in the complaint may be thus
stated: That Godsol fraudulently made
definite false Representations to Pierce
Arrow Motor Car Company through it's
agent, Perry, and thereby obtained
from the government of France the
sum therein named, being money of the
SAID government of France.
The French government does not
complaint as to the character of the
false pretences made by Godsol, fol
Commander Montel, 'commissary of the
government to the Second Council OF
War in Paris in his demand for the
eXtradition of Godsol, addressed to the
Under Secretary of State of Military
Justice dated February 4, 1918, in
stating the case against the petitioner
uses this language:
BY means of his title of mission
he fraudulently passed himself as 9
qualified agent of the French govern
ment and had been able to get com
mission on the payments made con
tractors. These payments were thus
burdened with an excess which nc
avowable service could justify Rec.
ord, page 33) When the demand fol
eXtradition reached this country learn
ed counsel for France thought it wise
to exercise his skill and ingenuity ir
framing somewhat different theory OF
the case and an entirely new set OF
false representations
Dealing in Open Market
"The transactions between the Pierce.
Arrow Company and the purchasing
agencies of France were ordinary busi-
ness transactions. They were dealing
in the open market. at arms length
The motors were manufactured in this
country, and when the agreed price was
paid 1T was paid in cash in this country
to the PierceA Arrow Company. There
was no separation of it into portions tc
be applied by the Pierce Arrow Com
pany in any specified manner or fo,
any specified purpose. 1t became anc
was the money of the Pierce Arrow
Company absolutely. The French gov,
ernment parted with its title to i,
absolutely. 1t was impressed with nc
trust because the relations between the
Republic of France and the Pierce
Arrow Company were in no sense
tiduciary.
Suppose France has instituted a
clvll suit against either the Pierce
Arrow company or Godsol to recover
the commissions received by the lat
ter, upon what theory could It have
been sustained? There was no prvity
between Godsol and France and no
false statements made by him to
France, so that neither an action of
assumpsit nor deceit could lie against
him.