Evening star. [volume] (Washington, D.C.) 1854-1972, 1908-10-21
Uncle Sam Has Asked for Re.
vision of Treaty of 1882.
FOR RECIPROCAL RIGHTS
Revealed in Secretary Roots Letter
to Jacob H. Schih.
CASE OF RUSSIAN REFUGEE
Governments Position Explained in
the Efforts of the Cars omciais
for Pourens Extradition.

NEW YORK. October 21-A letter
from Secretary OF State Root to Jacob
II Schiff Of New York was made public
here today dealing with the attitude Of
the government in securing equality OF
treatment for American citizens visiting
Russia. and also explaining the govern
ment's position in the case of Jan Janoff
Pouren. the Russian refugee now de-
tanned In New York city by the federal
courts.
Mr.. Roots letter brings out for the
first time that the United States has
asked Russia for a complete revision and
amendment of the treaty of 1892 which
provides for reciprocal rights OF resi-
dence and travel on the part OF the citi-
zens OF the two countries. The letter is
as follows:
DEPARTMENT OF STATE.
Washington, October TO- 1905.
Ny Dear Mr. Schr: There are two
matters about which you have shown an
interest and which should like to have
clearly understood.
One is the Pouren case. OF course.
this government does not for a moment
contemplate sending Pouren or any one
else back TO Russia or to any other coun-
try to be tried for political onense.
An extradition case. however, Is q ju-
dicial proceeding in which testimony is
taken before a committing magistrate in
accordance with law and In watch the
magistrate decides upon the evidence be-
fore him. His decision then comes be-
fore the State Department for review In
this case the decision of the commiss.o ner
In New York together with the ev .dence
was receiv d by the State Department 1t
Washington on the 18th of last month.
Pouren's onense.
THE magistrates decision was against
Pouren. and 1t appeared when the law
officers of the department examined tho
record that no substantial evidence had
been produced before the magistrate to
show that the offences charged against
Pouren were political, SO that IL the state
department had acted promptly In the
case II would have been obliged to decide
that the magistrates decision was cor
issue warrant for Pourens extradi-
ton.
I'm view, however. in statements after
ward brought to the State Department
teending to show shat Pouren was In fact
political offender and not an ordinary
criminal. instead Of an adverse decision
being made careful inquiry was made
by the department., and upon its appear
ing that there was substantial evidence
| in the form of affidavits which had not
been produced before the magistrate to
show that Pourens acts were political
| the magistrate was directed to reopen
the case and give Pourens counsel an OPP
| portunity to introduce such evidence. You
| will perceive that the delay in deciding
| the case far from being injurious to Pou.
rem has been altogether favorable to him
and for the purpose of giving him an cp-
portunity to prove bis real defense. which
he failed to prove originally.
Equality Of Treatment.
1.-The other matter relates to securing
from the Russian government equality OF
treatment of all American citizens who
seek to enter Russia with passports. with.
out regard to their creed or origin.
'Our government has never varied In its
insistence upon such treatment. and this
administration has repeatedly brought the
matter to the attention OF the Russian
government and urged the making OF
new treaty for the purpose Of regulating
the subject.
1--WE have but very recently received an
unfavorable reply TO this proposal. and
e have now communicated to Russia an
expression Of the desire of this govern
ment for q complete revision and amend
ment of the treaty Of 1882. which provides
for reciprocal rights of residence and
travel on the part of the citizens of the
two countries. We have expressed our
| views that such course would he pre-
ferable to the complete termination OF the
theaty subjecting both countries TO the
possibility of being left without any re-
ciprocal rights whatever owing to the de.
lay in the making of new treaty.
THE course which the administration
is following in this respect is the one
which appears to US to be best calculated
to attain the end desired. an end as to
which beg to assure you the administra-
ton is in full and sympathetic agreement
with you. Faithfully yours,