The British Ambassador to
the Acting Secretary of State.
British
Embassy,
Lenox,
Mass., September 7,
1906.
No. 170.]
Sir: I referred to the Governor-General of
Canada the note which I had the honor to receive from Mr. Bacon under
date of August 3, relating to the extradition proceedings against Harry
L. Holmes, and inquiring as to certain points of procedure in
extradition cases in Canada.
I now have the honor to transmit to you a copy of a letter from the
department of the secretary of state of Canada to the Governor-General
explaining the bearing of the extradition act, and forwarding, in
accordance with Mr. Bacon’s request, a statement of the proceedings in
the case of Harry L. Holmes.
I have, etc.,
[Inclosure.]
The Canadian Department of
State to the Governor
General.
Sir: With reference to, a dispatch, dated
the 6th instant, from His Majesty’s ambassador at Washington in
relation to the case of Harry L. Holmes, I have the honor to state
that more than two months having elapsed from the date of the
committal for extradition of the fugitive, and it appearing from Sir
H. M. Durand’s telegraphic dispatch of the 10th instant that the
State Department of the United States has made no requisition for
the fugitive’s extradition, an order was made by the minister of
justice for Holmes’s discharge under section 15 of the extradition
act.
With reference to Mr. Bacon’s question as to the exact degree of
authority which an officer must show to obtain recognition from the
Canadian authorities, I beg leave to refer to section 6 of the
extradition act, from which it appears that an extradition judge may
issue his warrant for the arrest of the fugitive on an information
or complaint laid before him and on such evidence or after such
proceedings as would, subject to the provisions of the act, justify
the issue of a warrant if the crime had been committed in Canada. It
does not appear that there is any restriction as to the person
making the complaint or laying the information.
I inclose, at the same time, copy of the proceedingsa before Mr. Choquet,
extradition commissioner, and beg to request that his excellency may
be humbly moved to forward the same to His Majesty’s ambassador at
Washington for his information.
I have, etc.,
P. Pelletier,
Acting Undersecretary of
State.
