New-York tribune., 1908-10-22
ROOT ON POUREN CASE
Russian Refugee Has Chance to
Gain Freedom.

letter from Secretary Root TO Jacob n. ochih
made public yesterday. dealing with 'ne az, !.
tude of the government In securing equaIiS
treatment for American citizens visiting Russia
and also explaining the governments Posi'iou "
the case of Jan Janoff Pouren, the Russian
now detained here by the federal couits' W W
Roots letter brings out for the first unne tna' '7
United States has asked Russia for a complete re-
vision and amendment of the treaty OF 49, Whcn L
provides for reciprocal rights of reslnehce anu anu
travel on the part of the citizens of the TWO couh-
tries The lotter follows:
Department of State, washington, ;,oos
My Dear Mr. schin: There are two matters t a6ouT DO
which you have shown an interes.. inttes.c5 anu ~
One is the Pouren case. OF course tn,s sSing
ment does not for moment @ C. PHsia or to any
other country to be tried for political 0HenCS
ceedng In witch testimony is taken COM
mittng magistrate, in sccorGance VIII "a. Evidence
before him, His decision then comes neiITe {be de-
State Department for review M IN thS YoTs together
with the evidence was received by the state De
paT6ment & az decision was against
Pouren, and appeared when the law ollISe s,,S
stantia evidence had been produced before Inc 5ns
magistrate to show that the 9heHcH , tf the State
against Pouren political so tnat II tAs a.
& Depafment me bae ne9 aSaed 70 decide that the mag
YOU'D nave neen op1seu correct ~ upon the evidence
before him. and to issue warrant TOT
In view. however. of statements afterWaFd ts9,G
hrouoh+ m attention of the department tei'1,
ing TO show that Pouren was IN idCi' o. q; IPtes5 ~
offender and not an ordinary criminal lns!edu o., Ol
an adverse decision being made. a cdretul IulLIiy
was made by the department and upon lts aPpedI a.
ing that there was substantial evidence IN tns
form OF affidavits which had not been produce.d zee.
before the magistrate to show that Poure1 -
were political. the magistrate was dlrecteo 70 ae
open the case and give POurens counsel an 0pPoI
tiInity to Introduce such evidence. You VIII per
ceive that delay in deciding the case Iar IroI
being Injurious Pouren. has been altoge{[fler
favorable to him and for the purpose OF giving MN In
opportunity to prove his real detence' "HicI H1
failed to prove originally.
The other matter relates to securing from tHe
Russian Government equality or treatment IoI a.
passports. without regard to their creed or orlgln
Our government has never varied in its INSIST
ence upon such treatment and this administrator
has repeatedly brought the ma tier TO tne
Of the Russian government and urged the maktrns
of new treaty for the purpose Of regulating tle
subject We have but very recently receiver an
unfavorable reply to this proposal and we a.
desire OF this government for complete revision
and amendment of the treaty of 1882, which pre-
vides for reciprocal rights Of residence ana uH.Il
on the part of the citizens Of the two countries.
We have expressed our views that sucn course
would be preferable to the complete termination OF
the treaty, subjectng both countries 10 me pp5Stt
whatever owing TO the delay in the making OF
The course which the administration is following
in this respect is the one which appears 70 US to h
best calculated to attain the end desired, an end
as to which ! beg TO YOU the administration
is in full and sympathetic agreement with y0, y0u,
When Commissioner Shields reopened the case
Yesterday. Frederick c. Coudert. representing the
Russian government, objected Congressman Par
sons counsel for Pouren insisted upon the taking
of evidence but the hearing adjourned until
day TO give Mr.. Coudert time to submit brief