The Montgomery advertiser., 1908-10-22
TREATY WITHRUSSIA
SECRETARY ROOT WRITES JACOB
 sCHTFF.
DiHcusses Treatment of Americans While Travelling Abroad While Re- ferring to the Case Of'Pouren,
 Refugee.

New York. Oct. 21.-A letter from of State Root to Jacob schift. of New York, was made public here today. dealing with the attitude of the in securing equality of treatment for American citizens visit ing Russia. and also explaining the governments position in the case of Jan JanoY Pouren. the Russian refu- gee. now detained in New York City by the Federal courts.
 Mir. Roots letter brings out for the first time that the United States has ask ed Russia for a complete revision and amendment of the treaty of lS32, which provides Tor reciprocal right Of residence and travel on the part of the citizens of two countries:
 The letter Is as follows:
 Department of States, Washington, D..
 C.. October l9, 1908.
 My Dear MT. 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 mo- ment contemplate sending Pouren or any one else back to Russia or to any other country to be tried for a political offeuse.
 An extradition case. however, Is a judicial proceeding in which testi- mony Is taken before a committing magistrate in accordance with law. and in which the magistrate dtcides on the evidence before him. Ills de- cision then comes becomes 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 D~part- ment at Washington on the eleventh of last month. The magistrates de- cision was against Pouren, and 1t ap- peared when the law officers of the de- partnent examined the record. that no substantial evidence had been produc- ed before the magistrate to show that the offences charged against Pturen were political. so that If the State De- partment had acted promptly in the case. 1t would have been obliged to decide that the magistrates d eision was correct upon the evidence before him and to issue a warrant for PoureuE extradition.
 'Tn view, however, of statements afterwards brought to the attention of the department tending to show that Pouren was in fact. a political of- fender and not an ordinary criminal, instead of an adverse decision being made. a careful inquiry was made by the department and on it's appear ng that there was substantial ovidence in the form Of affidavits which had not been produced before the magistrate to show that Pouren's acts were poIfti- cal, the magistrate was directed to re- open the ease and give Pouren's counsel an opportunity to introduce such evil dence.
 You will perceive that the delay in deciding the case. far from being in- justice to Pouren. has been alt getheT favorable to him and for the purpose of giving him an opportunity to prove his real defense, which he failed te prove originally
 '"rhe other matter relates to secur- ing from the Russian government equality of treatment for all American citizens who seek to enter Russia with passports without regard to their creed or origin.
 "Our government has never varied in and this administration has repeated ly brought the matter to the atten- tion of the Russian government urged the making of a new treaty for the purpose of regulating the subject We have but recently received an un' favorable reply to this proposal and we have now communicated to Russia an expression of the desire of this government for a complete revision and amendment of the treaty of 1S32 which provides for reciprocal rtgihs of residence and travel on the part oi 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 pos sibility of being left without any reciprocal rights whatever. owing to the delay in the making of a new treaty.
 "The course which the administra- ton Is to follow in this respect is the one which appears to us to be best calculated to attain the end desired an end as to which I beg to assure you the administration is in full and
 Faithfully yours.
 (Signed) 'Elihu Root"
 During an argument before Commits sioner Shields on the question of re- opening the Pouren case. Pouren rushed at Fredric R. Coudert, counsel for the Russian government. but was stopped by United States Marshal Henkle.
 Mir. Coudert had opposed re-openine the case on the ground that the com missioner Is now without Jurisdiction having once decided the case.
 Congressman Herbert Parsons, coun- sel for Pouren, urged Pouren's claims for a rehearing and the commissioner said he was inclined to proceed with it. but would give MT. Coudert until to- morrow to prepare brief.
 Commissioner Shields has received three letters threatening his life If he returns Pouren to Russia.