The Providence news. (Providence [R.I.]) 1891-1906, 1899-05-02
be appealed to the higher courts and
consume months and possibly years.
METHOD OF SURRENDER.

consume months ana possibly years.
METHOD OF SURRENDER.
All governments, as "a rule, surrender
on the findings OF the last court IN
which the case is heard. There are but
few cases recorded where a foreign fu
gitive has been discharged by the sec
cretary of state or the President OF the
United States after an American mag
istrate has held him for surrender. Az
ter a prisoner has been formally SUI
rendered, by a provision i'm most treat
les he must be removed by the country
wanting him within two months. Ere
quently when prisoner Is a citizen of
a third country that power Is a consult
ed, or at least informed, before he $
surrendered TO the country charging
him with crime. This question OF citi-
zenship is one of the most complex in
extradition matters.
With the exception of the United
States and Great Britain, nearly all
countries refuse to deliver up their cit
izens or subjects, but between these two
countries no distinction is made be-
tween citizens and others. The English
and American theory is that crime can
best be punished where IL is commit
ted. Treaties generally provide FOR the
surrender OF persons" our treaty
with Italy stipulates persons, but that
government usually refuses TO surren-
der its citizens charged with commit
ting crime I'm the United States. They
hold that the treaty should expressly
provide for the surrender OF citizens.
Some American treaties expressly state
that citizens shall not be surrendered,
but countries with which such an un-
derstanding is maintained punish their
citizens for committing crimes in this
country. Latterly some governments
have been trying to make anarchists.
nihlists and the like extraditable, but
nothing has been accomplished along
this line, because Il is hard to dis
criminate between these and other po-
itical offenders. King Humbert VI
Italy has just summoned the powers OF
the world to a congress for the discus
sion OF this question. He desires to
make anarchy, like piracy common
crime IL is well established now that
the assassination OF the ruler of coun-
try, although committed for political
purposes, is an extraditable onense. uo-
less done I'm open rebellionl Surratt,
who was suspected OF numbering Pres
ident Lincoln, was arrested and brought
TO this country, after he had enlisted
in the Pope's Guard. Most countries
with free institutions object TO turning
over political prisoners, but some times
such offenders are also charged with
other and extraditable crimes. In such
cases the United States refuses TO sur
render even for the extraditable Of
fense unless there is an understanding
that the fugitive is 90 he tried only for
the latter. and not for the political
crime.
SOME INTERESTING CASES.
Among the records Of extradtion
proceedings fled I'm the solicitors office
are some strange and interesting cases.
a novel case involving provision IN
the Mexican treaty arose in 1896. Ches-
ff.Nrw 80
treasurer of Poweshiek county. Ia, fled
TO Mexico. Before he was discovered
by the Iowa authorities he acquired
Mexican citizenship. by purchasing
real estate I'm that country with tie
funds he had embeZzled in Iowa. I'M
der the Mexican constitution this ma
turaliZed him. and when request was
made for him ~ was denied. on the
ground that he was n citizen. and not
extradtable under the treaty with this
country The United states contended
that citizenship assumed for the pur-
pose of evading extradition should not
he allowed to have that effect. Still.
Mexico refused to surrender him. but
he was prosecuted under the laws of
that country for bringing stolen funds
over the border. He was sentenced ~
two years imprisonment. fined 5000
and politically disfranchiscd.
According TO the provisions or tho
present treaty with Mexico ~ would
be posble for n single woman TO COM
nit n crime In that country. cross the
American border and become a citizen
of the United States by marrying cit
iZen OF this country. Thus her crime
would be extraditable. perhaps. but on
account az her American citizenship.
the President could not surrender her
10 Mexico.
The case Of James Temple. row pend
ing between this country and Mexico.
involves question OF special interest
90 residents along the frontier. lie Is
an American citizen. who was cm-
ploysd by a RAILWAY on the American
side VI the town ~ NaPales. Ari1. This
town il partly on Americpu and partlv
on Mexican soil. one DAY Temple Killed
n Mexican on The American SIDE. anl
when b. crossed over the line tn
Mexican boarding house. whore he took
his meals. he was arrested by tho Mex
ican authorities. Tho American con-