The Birmingham age-herald., 1908-10-22
Department of State.

department or state,
 Washington, October 19, 1908.
 My Dear Mr. Schiff-There are two matters about which you have shown an interest, and which I 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 offense.
 An extradition case, however k, d judi cial proceeding in which testimony is taken before committing magistrate in accordance with law, and in which the magistrate decides on the evidence before him. His decision then comes before the state department for review. In this case the decision of the commissioner in New York together with the evidence was received by the state department at Wash ing on September IL The magistrates S decision was against Pouren. and it ap- peared when the law officers of the de partment examined the record that no substantial evidence had been produced before the magistrate to show that the onense charged against Pouren were polti- cal, so that If the state department had acted promptly in the case it would have been obliged to decide that the magis- trates decision was correct upon the evi- dence before him and to issue a warrant for Pouren's extradition.
 Tn view, however, of statements after ward brought to the attention of the de- partment tending to show that Pouren was in fact a political offender and not an ordinary criminal, instead of an ad- verse decision being made a careful in quiry was made by the department on its appearing that there was substantial evidence in the form of affidavits which had not been produced before the mags- trate to show that Pouren's acts were political, the magistrate was directed to reopen the case and give Pouren's counsel an opportunity to introduce such evidence You will perceive that the delay in de- ciding the case. far from being injurious to Pouren, has been altogether favorab bIe to him and for the purpose of giving him an opportunity to provide his real defense, which he failed to prove origi- nally.
 The other matter relates to securing from the Russian government equality Of treatment for 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 a new treaty for the purpose of regulating the subject. We have but very recently received an unfavorable reply to this proposition, and we have now communi- cated to Russia an expression of the de- sire of this government for the immediate revision of the treaty of 1882, which pro- vides for reciprocal rights of resistance and travel on the part of the citizens of the two countries. We have expressed our views that such a course would be preferable to the complete termination of the treaty. subjecting both countries to the possibility of being left without any reciprocal rights whatever, owing to the delay 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 at tain the end desired an end to which I beg to assure you the administration is In full and sympathetic agreement with you Faithfully yours,
 "ELIHU ROOT."
 During an argument before Commis- sioner Shields on the question of reopen ing the Pouren case today, Pouren rushed at Frederic R. Coudert. counsel for the Russian government but was stopped by United States Marshal Henlkle. MT. Cou- dert had opposed reopening the case on the ground that the commissioner is now without Jurisdiction, having once decided the case. Congressman Herbert Parsons counsel for Pouren, urged Pouren' $ claims for a rehearing, and the com missioner said he was inclined to proceed with it, but would give MT. Coudert until tomorrow to prepare brief.
 Commissioner Shields has received three letters threatening his life if he returns Fouren to Russia.