Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-07-31
Decision Not Reached Regard
inq Charlton Extradition.
LEGAL PHASES DISCUSSED
Acting Secretary Wilson Speaks for
State Department.
BUT ONE QUESTION CONSIDERED
Grant of Italy's Request for "Pre-
liminary Mandate" a Certif-
cate Of Identification.

The customary reserve of the State De-
partment was broken in a somewhat un-
usual manner yesterday afternoon by
huntington Wilson, acting secretary, who
gave out statement discussing officially.
for the first time, the Charlton case. Mr..
Wilson declares that all rumors to the
effect that the department had decided to
refuse to extradite Porter Charlton are
absolutely baSeless. He discusses the le-
gal phases of the case at some length.
The statement follows:
TT is regrettable to find in mahy of the
newspapers SO much misleadisg discus
sion of the sO-called Charlton case. The
fact is doubtless due in a large measure
to the complexity of the subject of extra
dirion, which Is an especially technical
one. Among editorial comments one fire.
quently finds it is persistently reported.
1T is assumed that the State Depart
ment will or will not do. has decided to do
or not to do, or has done this or that.
Question Not Before Department.
Now, baseless reports, however per-
sistent, remain baseless: and it should not
be gratuitously assumed that the Depart
ment of State has or will decide one way
or the other some question which has not
even come before it in any form.
1.-THE only important relation which the
Department of State bears to any extra
dition case is that ultimate quasi-judicla!
function of passing upon the final qIes-
ton of the issuance or non-issuance OF
the warrant Of surrender. This function
is discharged only when the whole record
has come before the department after the
question of release or commitment TOT
surrender has been finally adjudicated in
the courts. 1t is thus far from necessary
to call attention to the fact that it wouid
be not only indelicate but grossly I'M
proper for the Department OF state u
form, much more to express, any opltioi'
or impression whatsoever on an extradl-
ton case until called upon to do 50. Wnlcn
can only be in the mcde just stated.
Reason for Reticence.
"Acting upon this principle the Depart
ment of State has, Of course, scrupulous-
ly refrained from any expression whatso-
ever upon the probable outcome Of the
Charlton case That case, it Is also un-
necessary to say, is taking. SO far as the
government of the United States is con-
cerned, precisely the routine course or all
other extradition cases. Extradition
cases, by the way, come TO the hotice VI
the department at the rate OF ABOUT one
per day and as to all these cases the
government remains silent and plays no
determinatiye role except as to the last
STEP the warrant of surrender. 1t Is en-
tirely obvious, therefore, that the nrst oe-
terminatiye factor in the Charlton matter
as an extradition case is the decision OF
the Italian government wnetnar UT hol "
prosecute the case before the courts.
"It is frequently stated point-blank
that Italy has requested the surrender OF
Charlton. The only indications thus lar
made by the Italian government were
its procedure under section 5@1o ct seq
of the Revised Statutes, whereby the ac-
cused was detained by the New Jersey
court: and. secondly. its request or the
department for preliminary mandate.
This document, which was issued, IS not
legally necessary and operates as mere
certificate that the party making the com
plaint represents the italian government.
Provision in Italian Treaty.
Under the Italian treaty, If Italy ini-
tiates extradition proceedings, the Italian
case is presented directly to the court
concerned. which sits as an extradition
MAGISTRATE, and the formal requisition
for surrender would only be addressed to
legal proceedings might have resulted in
an order by the competent court for COM
mitment for surrender.
1T Is not for the government or the
United States to seek to influence the
Italian government in its decision wheth-
err to prosecute the case to its conclusion
with a view to requisition for surrender.
and all insinuations as to the ultimate
decision of the Secretary of State in the
event of the cases coming before him
are absolutely baseless, unauthorized and
coniectural: and, if they have any effect,
evidently 1t could only be the evil effect
of creating false Impressions.