New-York tribune., 1910-12-10
KNOX DECIDES TO
SURRENDER CHAR[T TON
Grants ItaIy's Demand for Re-
turn of Wife Murderer
for Trial.
SAYS A LOOPHOLE REMAINS
United States Not Relieved from
Treaty Obligations by Italy's
Refusal to Surrender
Her Citizens.
SAYS A LOOPHOLE REMAINS
1Frona The Tribune Bureau

from The Tribune Bureau
Washington, Dec. 9.-Porter Charlton,
charged with the murder Of his wife at
Lake Como, Italy, will be surrendered
to the Italian government, according TO
the decision made public by the Secre-
tarv OF State to-day It appears from
Secretary Knox's decision, however, that
there remains one Ioophole of escape, for
Mr.. Knox says: Counsel for the prls-
oner also contends that Charlton should
not now be surrendered because the
committing magistrate refused TO re-
ceive testimony tending TO prove his in
sanity If the magistrate erred in thus
refusing such testimony the prisoner
has his remedy IN the courts. and it is
not for the department, at this state OF
the proceedings, to pass upon this ques-
ton
ALI the other contentious Of Charlton's
attorney are denied by the Secretary.
who declares that extradition treaties
are not necessarily reciprocal, and that,
as the United States has never seen fit
TO abrogate the extradition treaty with
Italy. or even to contend that 1talys re-
fusal to permit the extradition Of her
citizens charged with the commission Of
crime in the United States constituted
an abrogation Of the treaty, there exists
nc ground on which the United States
can now refuse the demand for the re-
turn of Charlton.
Mr. Knox points out that as under the
Constitution it is not possible 70 punish
our citizens committing crimes within
the Jurisdiction of such governments,
such citizens will go wholly unwhipped
of Justice" unless the demand for their
extradition IS granted, whereas, in the
case of Italy at least, there is the ma
chinery for Furnishing citizens who COM
nit crimes in the United States.
Had Secretary Knox refrained from
acting on this case for six days, Charl-
ton would have been a free man. as the
statutes require final action within sixty
davs from the date of his commitment.
Mr.. Knox Explains Extradition Law.
Secretary Knox in his decision gives
a history Of the case beginning with
the arrest of Charlton in New York on
June "a on complaint of the Italian Vice
Consul, and continues:
Formal demand for the extradition of
Charlton under and pursuant TO the terms
OF the eXtraditiOn treaty between lhe
United States and Italy was made upon
this government by the government OF
Italy under date Of July 2S received Dy
the department on Judy 80, that is within
the forty-day period provided for this pur-
pose in the treaty. Later Charlton was
Whe' vSnen after ter formal hearing as provided by
the treaty and statute, committed him on
October "A for surrender 10 the Italian gov
me committing MAGISTRATES record as
transmitted TO the department discloses no
material informality In the proceedings,
and a case calling for the surrender OF the
accused under the treaty terms is made
out, unless such surrender is 10 be de
feated by objections raised by counsel 1oL
the accused. These objections are, IN their
order:
First-That the Secretary of State should
decline 10 surrender the accused and the
President should direct his discharge be
cause the record OF the committing mdg1S-
trate as transmitted TO the department
does not contain the formal demand OF the
Italian government for the surrender OF the
fugitive or show that such demand was
made within the treaty period; and the de-
partmenu may not, IN passing upon the
matter of surrender. take note OF the fact
that the demand has been made within
the proper time and that II Is IN the De
partrnent's s files, forming part OF the de-
partment' s record OF the case, since the
department may not IN passing upon the
question take into conSiderati ton any evil
dence not before the committing magis-
trate-
The formal demand OF FequlSlllOE OF
one government upon another for the sur
render of a fugitive is of a political char
acter II is made pursuant to and in ac
cordance with treaty provisions. through
the regular diplomatic channels. for the
performance of the obligations imposed by
a treaty This ''requisition' is addressed
70 the political branch of the one govern
nent by the political branch of the other
government and is merely notice that the
treaty provisions are to be and are thereby
invoked in the matter Of surrender OF
fugftives II would appear. therefore. that
the making of "requisition Is a matter
which primarily concerns the political
branch of the government. and that all
questions regarding the propriety or suffi-
cheney of the form in which IL is made
are for the determination of that branch
The statutes OF the United States recog-
nize this by conferring upon the commit
ting magistrate jurisdiction to determine
whether there are probable grounds 10 be-
Iieve that the accused has committed a
criue-such grounds would justify the
placing of the accused on trial If the crime
had been committed in this country
whether the crime charged constitutes an
extradifable offence and whether the ac-
cused is within the purview of the treaty;
but they leave the question of sufflclency OF
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