The Washington times., 1932-10-06
LEGAL FORM BLOCKS ARREST OF MARTIN NSULL
Us. AID NEEDED
in COMPELLING
+ 'EXTRAD|T|ON

OldlS UGpdI lIiCIIl way iIoNS
To Help Unwind Red Tape;
Court Battle Faced
CONTINUED from Page -
a plane waiting. Aren't yOu
ready to Gomez"
Nope"
Then Hampton announced:
II propose to ask for a fugi-
tive warrant for you today. If
it is issued you will be kept in
Jail until extraditiOn proceed
ingS are completed"
insult declined to reverse his
decision.
TORONTO. Oct. 6 0N.S0.-
Chicago authorities will be able
to arrest and extradite Martin
j insult. former American utili-
ties magnate. only after going
through procedure recognized
under, existing eXtradition treaties
and the Dominion extradition
act. Canadian legal authorities
said today.
They were supported in this
view by Edward Bayly, deputy
attorney general, and Clifford R.
Magone, chief clerk of the attor-
ney generals office.
Authority Held Lacking
Assistant States Attorney John
Hampton and Police Sergeant
Anthony Blaze, of Chicago, who
flew here to effect insults return
to face embezzlement charges,
were informed they had no au-
thority to arrest anyone in this
country.
Even if Canadian federal, pro-
vincial, or municipal police COM
piled with a direct request from
Chicago to arrest insult, which
is regarded as unlikely, he could
quickly regain release, it was
claimed.
Any judge, Magone pointed out,
would free him on a habeas cor
pus writ if it were shown he
was arrested without a charge
being lodged against him or a
warrant issued in Ontario.
Three Ways Open
There are three ways in which
his arrest might be effected. Ma
gone explained. An information.
charging him with offenses for
which he was indicted in Chi
cago, would have to be laid before
a county judge at Orillia or be-
lore supreme court judge in
Toronto.
or a warrant issued by a
chicago judge could be filed with
an Ontario judge, and an order
basis.
Or arrest could be requested
py the American consul here,
PROVIDED he haG been ordered to
make such request by the State
department in Washington.
In any case. arrest could not
be effected until an Ontario war
rant had been issued in the
proper way for execution by local
or provincial police.
Inquiry Held Necessary
Even should he be arrested.
there would be considerable addi-
t1onal procedure to 90 through
before his extradition could be
ordered and his return to Chi
cago effected.
An inquiry would have to be
launched before court here, and
evidence adduced, either by VIII
nesseS brought here for that pur-
pose or by dispositions taken in
Chicago or elsewhere, usually by
the latter method.
, After being authenticated by a
Judge taking dispositions in Chi
>cago, by the Secretary of State
and the governor of Illinois, and
by the Department of State at
Washington, dispositions would be
transmitted to the extradition
judge here.
Ordinarily they would come di-
rect to Toronto, or wherever the
wanted man is held. but might be
sent through official channels at
Ottawa.
More Red Tape
Should the extradition Judge
here rule favorably upon the dep
oSitions, his decision deeming
extradition warranted would be
transmitted to Ottawa, and the
final orde. for extradition ap-
proved by the governor general,
who issues in such cases a war
rant of surrender"
This warrant would then be
sent to Washington, thence to
Chicago, and finally placed in the
hands of an officer assigned to
escort the fugitive back to the
United States. Warrant of sur
render world have to be turned
oyer to the official under whose
charge the wanted man would be
confined.
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