New-York tribune., 1910-12-10
TO FIGHT EXTRADITlON
Charlton's Counsel Will Take
Case to Supreme Court.

r. Floyd Clarke, the principal counsel
Tor Porter Charlton, who submitted this
brief for Charlton to the State Department.
said last night that the case would be
fought through to the Supreme Court, and
that the young man would not be returned
to Italy until the highest court in this
country had had an opportunity to pass on
the merits Of the problems in international
law involved.
Mr.. Clarke will go to Trenton this morn
fIS to apply to the United States court
there for a writ OF habeas corpus for
Charlton The application will be made be
fore the United States District Court or
the Circuit Court, which ever may be sit
ting. This will block the writ Of surrefi-
der that Mr.. Clarke is informed Secretary
Knox is prepared to issue to-day At the
same time Charlton's New Jersey counsel.
Edwards & Smith, of Jersey City, will sue
out writ OF certiorari to cause the Secre-
tary Of State OF New Jersey and County
Judge Blair, Of Hudson County, to deliver
to the United States court all the records
and papers In the case.
Our argument before the United States
court will be on the ground that Secretary
Knox has no jurisdiction in this case to
extradite Charlton said Mr.. Clarke last
night Eve take the stand that by Italy =
refusal TO return criminals to this country
the terms of the treaty have been broken,
and in consequence no treaty exists. In
that case the extradition OF q criminal is
purely optional, and the option is not left
with the executive branch of the govern
ment, but with the lawnlaking power. IN
other words, in the absence of treaty,
which We claim is the case here. neither
the Secretary of State nor the President
can exercise his discretion in the question
of the extradition of this young man. The
extraditon must be according to law. and
Congress is the only branch of the govern
,nent that can make law.
I'VE shall also bring up the question Of
Charlton's sanity. We have had Charlton
under the surveillance of three alienists,
Dr.. Allan McLane Hamilton. DR.. Edward
D. Fisher and DIR. William J. Arlitz. They
have made their report TO us and we are
prepared TO produce their testimony i'll
court. It has been held twice that insan-
ity was a. bar TO eStradition.
eve have been beaten twice so far and
~e expect to be beaten again IN the lou.r
will win before the Supreme Court. At any
italy until the Supreme Court has had a
chance TO pass on the case.
Mr. Clarke said that the case would be
taken directly from the lower court TO the
Supreme Court without the necessity of
going through the Circuit Court of Ap-
peals, and that ss extradition cases nere
usually advanced on the calendar of the
Supreme Court a final decision might be
rendered by spring.
Judge Paul Charlton, Porter Charlton S
father, was in this city on business for the
War Department, where he is law officer
for the Bureau of Insular Affairs. when the
rord came to Mr.. Clarke that Secretary
Knox had uecided TO grant the extradition
of Charlton Mr.. Clarke and Judge Charl-
ton went to the Hudson County jail IN
Jersey City TO see the prisoner and tell
him of the decision. Mr.. Clarke said az
terward that Charlton showed no partic-
MAR interest In the decision. He thanked
mo for my work, and that was ALL" said
Mr. Clarke.
of Mrs Mary Scott Castle Charlton, was
told over the long distance telephone by
The Tribune last night that the Secretary
Of State had decided to give Charlton up
to Italy.
This is the first / have heard of the
matter" he said. "Hnd 1 am very thankful.
At this time have no formal statement to
make, beyond expressing my qualification
had heard nothing In regard to the de-
partment's action in the matter until In
formed by The Tribune tonight, and
want to say that l am very grateful that
the news was telephoned to me-