New-York tribune., 1906-11-15
NO LAPSE OF ASYLUM.

The Illuminating dispatch from The Tribune's
Washington bureau in yesterdays paper made
quite clear some features of the Villareal case
which had at first seemed difficult TO understand.
This Mexican fugitive in the United States who
has made himself unpleasantly conspicuous here
by conducting an anti-Mexcan propaganda, is
wanted in Mexico on charge of treason, or at
tempted revolution. That however, is not an ex
traditable offence. The Mexican government,
therefore, procured his arrest on charge of lar
ceny for which, generally speaking, the perpe
traitor may be extradited. The larceny. however.
consisted in breaking into public building and
taking arms and ammunition belonging TO the
government for the purpose OF waging war
against that government. Obviously that was
more a political offence than an ordinary crime,
and IL appeared certain that it would so be con-
sidered by the United States authorities, on eX-
animation. and that extraditiOn would therefore
be refused. Moreover, if the larceny had been
declared non-poltical and extradition had been
granted, the policy Of this country, as of most
others, dscountenances the trial and punish
ment of an extradited criminal for any other
offences than those for which he IS extradited,
and 1t would not have served the Mexican pur-
pose 10 deal with Eillareal as an ordinary thief
Accordingly the Mexican government ingeni-
ously changed its whole plan of campaign. 1t
dropped the demand for extradition under the
treaty. and made appeal. instead, 10 one of the
domestic laws of the United States. Under the
act Of Congress of March s. 1908 for the regula-
tion Of immigration, 1t is provided that aliens
who have been convicted of crimes involving
moral turpitude shall be excluded from this
country, and that if any such person shall gain
access 10 this country and shall be detected
within the period Of three years after such entry
the Secretary of the Treasury shall cause him
to be taken into custody "and returned to the
country whence he came" The law appears to
be mandatory. and so. Il the Secretary Of the
Treasury shall be convinced that Villareal is an
ex-convict prescribed by our laws, and that he
has not yet been IN this country three years and
therefore, has not gained immunity by lapse of
time, be may have no choice but TO have him
arrested and not merely sent out of this country
but sent back 10 Mexico. In such case, of course
the Mexican government will be under treaty
restrictions or rules of international law in its
dealings with him. but will be free TO punish
him for his political offences.
Upon the face Of ii. therefore, there appears to
be no violation of that time honored principle of
political asylum of which Americans have ever
and most properly. been so jealous. Yet it Is
obvious that by application of the law such
the makers of the law probably never in
tended or expected this man may be deprived of
asylum. The point may be urged that he has
not eligible as an immigrant and since his COM
ing hither was a violation of our law. That is
quite true. Yet 1t was more properly for us to
enforce our own laws than for a foreign nation
TO do so. That immigration law in question was
designed for protection. and not for
the convenience OF other nations to enable them
to get back fugtives whom they could not get
through eXtradition. Had this man been eX-
cluded from this country, or expelled from it, on
our own initiative. there would have been IN
hesitating approval of the act regardless Of
his subsequent fate. But that our law should
be invoked against him by foreign government
for its own ends, and that by means of this
ingenious procedure that foreign government
should be enabled to do something which our
treaty with it would not permit and which is
repugnant TO our established and cherished pol
fey would produce q not altogether agreeable
impression. The implied criticism is not, of
course, upon the administrative officers Of the
government, but upon the letter of the law If
the charges against Eillareal are proved, it may
be that the Secretary of the Treasury will con
slider that he has no alternative under the man
datory law and will feel constrained to deliver
this man up TO his death. But 1t may we'll be
asked II Ii is not unfortunate 10 have law so
framed as TO be susceptible, under its letter. of
such perversion from its undoubted spirit and
from the policy of the nation. 1t may also be
asked If our government is under any obligations
TO enforce a domestic statute with harsh literal
ness not for its own purposes at all but at the
instance Of foreign nation TO secure by indirec-
ton practical writ of extraditOn which would
not be directly granted.
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