The Daily Register VOL. 97 NO.231 SHREWSBURY, N. J. TUESDAY, MAY 13, 1975 . 15 CENTS Judge McGann chides Byrne for bail order By SHERRY CONOHAN be released immediately from no legal authority for setting wanted for extradition and to rant of another governor and Byrne's order setting ball for jail on 120,000 baU pending the It. Gov. Byrne issued the recall a warrant so issued, he court proceedings. Lucas "ineffective" after an FREEHOLD - A Superior outcome of his appeal. amended arrest warrant, set- added. He said that if the leg- "He's setting himself above hour-long hearing that pitted Court judge here, saying Gov. Lucas, 23, of 102S Broad- ting bail, last Thursday after islature had intended htm to all the courts In New Jersey an assistant counsel of the Brendan T. Byrne had over- way, who is wanted in Las Lucas', attorney, Michael D. have broader powers on ex- and the U.S. District Court and governor's against the state stepped his authority as the Vegaa on a fraud charge, has Schottland of West Long tradition matters it would is saying I don't care what attorney general's office in a state's chief executive and been held in the Monmouth Branch, appealed to his office have spelled them out in the they say, I am going to set delicate adversary position. put himself above the courts, County jail since November for help. law. ball." the Judge remarked. Robert Raymar, assistant yesterday ruled Invalid an or- when he was ordered extra- Judge McGann, a Democrat "We are a government of Former Gov. Cahill issued counsel to Gov. Byrne, Joined der of the governor directing dited to Nevada at a hearing like Gov. Byrne, said the set- laws, not men, and the gover- the original arrest warrant Mr. Schottland, Lucas' at- that a West Long Branch man before Judge McGann. The ting ball is a function of the nor cannot give himself more for Lucas on May 11, 1073. torney, in arguing for the gov- be released on bail pending Appellate Division of Superior judicial branch of the govern- powers than he has been dele- Several New Jersey charges ernor's order, while Mark appeal of his extradition to Court subsequently granted ment and not the executive gated," Judge McGann said. also were pending against Friedman, deputy state at- Nevada. him a stay of extradition but branch and, in the case of a He also noted that the origi- him at the time, however, and torney general, contended it Superior Court Judge Pat- refused to set bail,on the person arrested on an extra- nal warrant for the arrest of after their disposition he was should be Invalidated because rick J. McGann Jr. held that grounds there is no provision dition warrant, can only be Lucas for extradition was Is- sentenced to an indeterminate the law doesn't permit bail to Gov. Byme, a former Superi- under the law for bail on an set by the courts in the state sued two years ago by Gov. reformatory term. He was re- be set on persons arrested for or Court judge, acted illegally extradition warrant. in which the alleged offense William Cahill, Gov. Byrne's leased from Bordentown re- extradition. The Monmouth in issuing an amended war- Further appeals to the state was committed — Nevada in predecessor, and asked what formatory last fall, then County prosecutor's office, rant for the arrest of Neil J. Supreme Court and the U.S. the case of Lucas. business Gov. Byrne has at- placed in the Monmouth represented by Assistant Lucas on an extradition District Court in Trenton sim The law gives the governor tempting to intervene at this County jail on the extradition Monmouth County Prosecutor request from Nevada in iliarly resulted in a denial of the authority only to issue an time and "undo" what has order. Donald W. Peppier Jr., took which he ordered that Lucas bail on the grounds there was arrest warrant for a fugitive been done through the war- Judge McGann ruled Gov. See Byrne's, page 2 Patrick J. McGaaa Jr. Breadaa T. Byrne Ship release sought by diplomatic moves WASHINGTON (AP) - The Although the United states million and a replacsment 55 miles off the coast of Cam- United States is working considers all waters more value of 122 million. bodia. through third countries to ob- than three miles seaward to Sources In Bangkok, Thai- land, reported that an SOS The ship and its American tain the release of a U.S. be in international territory, crew were forced to the Cam- merchant ship seized by the message radioed from the Cambodia Is one of about 40 ship as it was being attacked bodian port of Kompong Som, Cambodians, but President nations that claim Jurisdiction 102 miles from the location Ford's stem diplomatic lan- said, "We being ffred over waters extending 12 upon and boarded by Cam- messaged by the Mayaguez. guage suggests military op- miles from shore. Several Before Its capture It was en tions remain open for recov- bodians Vessels In vicinity South American countries please keep assisting." Ad- route from Hong Kong to ering the vessel. which claim a 200-mile limit Thailand was was due in the If diplomacy fails, Ford will ministration sources said no U.S. SHIP SEIZED BY CAMBODIANS - The U.S. warship. According to White House Press Secre- have seized American tuna- U.S. ships were nearby when Thai seaport of Sattahip merchant ship Mayaguez, shown In a file photo re- tary Ron Nessen, the Mayaguez was fired upon be- face the difficult decision of boats which were returned today whether to use 'military force the Mayaguez was seized. leased by the Sea-Land Corp., was seized yes- fore the ship, with Its crew of 39, surrendered 60 following diplomatic protests The American naval vessels U.S. officials were uncer- terday in the Gulf of Thailand by a Cambodian miles off the coast of Cambodia. to rescue the ship Mayaguez and the payment of fines. and its If-man crew. Some ordered to sail to the Gulf of tain about Cambodia's mo administration sources said Nessen said the Mayaguez Thailand were reported two lives for taking the ship. that adding to that difficulty was not a spy vessel. Its own- days away at the time of the Some Pentagon officials said was the question of whether ers, the Sea-Land Corp. of seizure. the new Cambodian rulers the United States could afford Menlo Park, N.J., said It car- The SOS message, relayed were trying to embarrass the State seeks to open beach ried a military and com- to Sea Land's Bangkok office, United States and perhaps the appearance of weakness in Southeast Asia in the wake mercial cargo with an esti- gave its location as 8:48 de- demonstrate what they might of the collapse of American- mated value of fl million. grees north and 102:51 de- believe in U.S. impotence to The firm"also said the ship grees east, which would put It act militarily in that area any backed governments In Cam- longer. to public at casino in Deal bodia and South Vietnam. had an insured value of $5 near Poulo Wai Island, about White House counsel Philip TRENTON — The state De- That suit charges Deal dicating the facility is pri- clubs, munlcpal regulations W. Buchen said that neither partment of the Public Advo- borough officials with em- vate. or commercial uses. of two laws restricting presi- cate yesterday asked for a ploying a variety of schemes Derickson W. Bennett of "It's good to know that the dential use of military force court injunction that would to prevent nonresidents from Fair Haven, executive direc- public advocate is going after would prevent Ford from call- It was a trying day force the Deal Casino to lift using the beaches at the Deal tor of the American Littoral this agresslvely," Mr. Ben- ing on U.S. armed forces in restrictions on seasonal beach Casino and the Phillips Ave- Society at Sandy Hook, said nett said, "and will speed up this Instance. Warships from pass sales and sell passes on nue Pavilion, the borough's last night the injunction something we all know is the U.S. 7th Fleet reportedly a dally basis to both residents only patrolled beaches. request "sounds as if the pub- coming." have started moving toward anil non-residents. Membership in the casino, lic advocate feels the court The state has also sued Bay the Gulf of Thailand where for ship line's head A lawyer in the public advo- according to the public advo- case (involving the casino) Head to open three miles of the unarmed Mayaguez was cate's office said the suit cate, has been limited to Deal won't be settled until the sea- beach In that municipality to fired upon and seized by a MIDDLETOWN - It was a Ford saying, "We at Sea- seeking the injunction was residents, their relatives and son's over." non-waterfront property own- Cambodian gunboat yes- nerve-wracking day for Paul Land are very grateful for filed with Superior Court nonresident property owners. "If they don't get the in- ers. The case marks the first terday. F. Richardson, IS Devon your very prompt reaction to Judge Merritt Lane Jr., in The public advocate's in- junction, then we have closed time a state agency has en- But administration sources Road, president of Sea-Land the piracy of our vessel In the Chancery Division In Free- junction request asks that beaches for another year." tered a beach access suit.