The evening times. [volume] (Grand Forks, N.D.) 1906-1914, 1906-10-02
WORLD HAS No SAFE
HAVEN FOR CRIMINALS
Absence of Extradtion Treaties ExAttache Points Out
Can No Longer Be Relied On to Shield Wrong
doors Like Stensand.

iected to charges of this kind abroad.
These principles are binding upon the
executive in cases OF demands for en-
tradition by countries with which no
treaties bearing upon the matter exist,
and. inasmuch as Paul Stensland has
been surrendered by the Sultan of
Morocco to the United States as a de-
faulting bank president. he could be
tried in this country only for wreck
ing the Milwaukee Avenue State Bank.
and not-iet us say-for attempted
murder. ii he were subsequently dis
covered to have rendered himself
guilty here of that crime. Nor does
the absence of the mention of par
ticular kind of crime in existing eX-
tradition treaties mean that the nation
al executive is debarred by this Omis-
sion from surrendering fugitives guilty
thereof to foreign governments if he
sees fit. and it should be thoroughly
understood that there is nothing in
the letter OF spirit of the eXtradition
treaties now in existence which limits
the action of the governments con-
cerned to the offences enumerated in
the convention.
Before concluding this brief sketch
add that there are several European
states. notably Russia. Austria and.
believe. Germany. that decline to sur
render their own citizens whose eX-
tradition is asked by foreign state
taking the ground that to them prim-
arily belongs the right of Furnishing Of
fences committed by their own sub
jects upon foreign territory. The
United States, Great Britain and
France. on the other hand. adhere to
the principle that criminal law is ter
ritorial. and on this account refrain
from calling their subjects TO account
for crimes committed abroad. except in
instances where their eXtradition is
demanded. Thus Russian who robbed
or murdered another Russian. or even
an American. in this country would be
punished for his crime by the Mus
covite tribunals on his return home,
whereas. If an American citizen were
to commit a murder in Russia. or any
where in Europe. he could not be pun
ished by any American court for the
offence. and would only be arrested on
this side of the Atlantic in connection
herewith if his eXtradition were APP
Piled for by the country in which he
had perpetrated the crime. The only
exceptions which the United States
and Great Britain make in this respect
are when crimes are committed by
their subjects on the high seas or in
semi-civilized or barbarous countries
where they enjoy extraterritorial jur-
isdiction. Thus an American who rem
dered himself guilty of forgery at Con-
stantinople would, by virtue of the So
called CapitulatiOns, be tried and con-
demned by the United States consular
court at Stamboul, and would then be
brought back to the United States to
undergo his sentence here. France,
likewise. Furnishes offences committed
against her safety, such as high trea-
son, the counterfeiting of her money,
ETC.. when perpetrated by her subjects
on foreign soil.
The one drawback to extradition is
its expense. and. owing to the latter
consideration, hesitation often occurs
before any recourse is made thereto.
In fact. it leads in the cases of crime
against property to the feeling that a
resort to eXtradition is merely an in
crease OF the pecuniary losses already
sustained. and that it is preferable on
tulS dSCouuI " per lill lle CIlullldl 10
escape without the further waste of
money to secure his punishment. Few
people have any idea OF the thousands
upon thousands of dollars that fire.
Quently have to be paid in order to Sc
cure the eXtradition of clever GRIM
inal who possesses sufficient means to
employ the services of shrewd and
sharp lawyers cognizant of all the
possibilities of the habeas corpus act.
The latter in America, as in England,
is justly venerated as the most potent
of the bulwarks which guard the liber-
ty OF the citizens. But it may be ques-
toned whether this admirable safe
guard does not sometimes become an
instrument in the hands of foreign
criminals for battling the pursuit of
justice in cases which can of them
selves admit of no reasonable doubt,
and for the prevention of their extra
dition.
EX-ATTACHE