New-York tribune., 1906-11-14
M CHANGE IN POLICY.
uerco Sets Up Claim for ViuareaPs
return as an Er-Convict.
From The Trihurs p,,-a.,, ,


washington. Nov. 13 No departure fror, the
uioroKen policy Of the United States Of afford
s asylum TO political refugees and refusing
ui'loh because Of political offences is in
'oi'eo IN the case OF Antonio Villareal, who is
uiuer arrest in Ell Paso. Tex, and who seems
ilheiy 10 be returned 70 Mexico. despite the fact
mat an impression appears TO prevail that his
case constitutes reversal of the previous policy
OF TINS government. It is a fact that Villareal
Is wanted in Mexico for political offences for
having melted rebellion against the Diaz gov
ernment. but the Mexican government has been
snrewd enough to cite a mandatory statute of
the United States, and If that government
proves its allegations the Secretary Of Com
Inerce and Labor viii have discretion in the
matter but TO return Villareal to Mexico, de-
spite the fact that he will probably be shot for
treason upon his return.
Nillareal. with others of his race has been
conducting newspaper in St Louis called Re
generation" which is the official organ of the
Mexican revoluGonists. He was arrested some
time ago on the representations of Mexico that
he had broken into a public building and stolen
arms and ammunition the property of the gov
ernment, the arrest being permitted under the
terms of the extradition treaty. Investigation Of
the allegation. however. revealed that this act
partook strongly of revolution rather than ordi-
nary theft, and il is probable that Nillareal
would have been released had not the Mexican
government been shrewd enough 70 discover
statute which fits his case.
Villarears return to Mexico is now demanded
the ground that he Is an ex-convict having
served term in Mexico for crime involving
moral turpitude. and must be returned to that
country under the immigration laws OF the
United States. which provide that alien con-
victs. if detected within three years from the
rir7eO OT sla4- ir1fp ba cd
be returned TO the country whence they came.
Section of the act, approved March 3.
1893, provides that among the aliens to be
cluded from admission into the United States
are persons who have been convicted OF d
felony other crime or misdemeanor invov-
ing moral turpitude." Section 21 OF the same
act provides that in case the Secretary Of the
Treasury shall be satisfied that an alien has
been found in the United States III violation OF
this act he shall cause such alien. within the
period Of three years after landing or entry
therein. TO be taken into custody and returned
10 the country whence he came"
In the case Of Nillareal the Mexican govern
raent alleges that he was convicted of murder,
that he has not Yet been in the United States
three years, and that he is, therefore subject 10
deportation and must be returned 10 Mexico
the country whence he came Acting on the
Information filed with the Bureau of Immigra-
tion, the Acting Secretary Of Commerce and La
Dor. James X G8rlclO- mas signed d warrant I'E
the arrest Of EillareaI, and he will be taken be-
fore q board Of special inquiry, and there have
an opportunity show why he should not be
deported under the provisions Of the statute
Just quoted. While the Mexican government
will have 10 prove its case before the board, the
Indications are that II will be able 10 do So and
that Villareal viii be deported
DeporJations under this statute have been
numerous. especially in the case Of Italy and II
is understood that Mexico has in prospect the
referring Cf charges against another Of its sub
jects on the same grounds as are alleged in the
Villareal case. Several weeks ago similar pro-
ceedings were instituted in the case Of some
fifteen or eighteen Mexicans who were. II was
alleged illegally within the borders Of the United
States but these men in some way heard Of the
action of their government and promptly dlsap-
reared so that their cases have been dropped