The sun. [volume] (New York [N.Y.]) 1833-1916, 1910-07-01
ITALY AND ExTRaDTTION.
Hlssery % treaty NegStiatloas net~eeo
nsuse ana Washangtoa-

nsase ana Washlngtoa.
ToruH EDtroa on TsH sUN-Siy: Among
the sHtTadItion treaties Of the United states
many are found which expressly provide
that neither party shall be Required 10 sur
render 20 the other it, own citizens Inc
treaties with Frence. Great Britain ana
Italy. among others. contain no such pro
vision The eKtradition conyeasion VAN
Italy concluded Ia Isss provides IN article
I that the Governments:
mutually agree to denver up persons uho
having beea roavieIed OF or CHARGED Wiz me
cFlnsS sps-ined In the folloStng articles. CON
nniit-d within the iurisdir lion Of one OF the con
tractnC parti--. shall seek an asylum oT be found
within the territories % the oihoT
In number n countries provisions are
found In the penal laws for the punish
ment Of citizens of those countries for crimes
committed elsewhere. No such provisions,
however. are found in the laws Of the United
States. but they are found In the Italian
law
The rule seems to be generally recoR-
nizsd that where AN eNtradition - silent
on The subject of the surrender Of Its citi-
zens by one party to the other either party
may refuse to surrender its own citizens.
The contrary view. however. was taken ny
Mr.. blaine when as Secretary Of state
he reyiewedIhe question in a communica-
tion dated June ~ Isao. to Baron Fava.
then Italian Minister AZ Washington. This
communication related to the cases Of two
Italian subjects. BevivinO and Nillella.
Who in the words 81 Mr. Blaine having
committed murders In the United states
Of a most aggravated and atrocious char
acter have sought asylum in their own ooun-
try. which has refused to comply with the
demand Of this Government. bused upon
treaty. for their extradition.
The instance thus referred TO u the second
on record where Italy refused 10 surrender
it, subjects The irst one related to the
case Of one Paladini in Isss. The Italian
Government having in that case taken the
ground. for the first time. that Paladini.
hein1 an Italian subject. could not he eH-
tradited. Mr.. Bayard. writing to the Charge
a. Anaires at Rome under date OF September
40. ISss. said that the State Department
possessed no guide except the language OF
the treaties: which contains M such limita-
IL should bs noted, however. that In the
case OF BeVivtno and Ntllella tho Italian Gov
eminent undertook TO punish the fuEitiyes
for the crimes which they had committed In
the nited States. and did punish them
BsvIyino was sentencSd 20 twenty years Inn
Both the Italian and the American Govern
ment- have from the beginning OF the con-
positions. In April. iso', the Italian Gov
eminent having been asked whether n
would surrender two Of stS subjects for trial
"ons ., to re delivery in ss,raSItion Of il.
-ghj--tS To this view this Government
took exception. without, however. insisting
upon IL rights under the treaty The mat
ter was taken up again in so0 la the case Of
~ Hasi. charged with murder in Ma--a-
Chu-cti-. In that ease Mr. HAY pointed out
that our eStradiiion treaty With Italy calls
Tor the surrender OF per-ons- charged with
crime and that no cypress exemption j.
"rument uniformly refused 60 surrender it,
subjects. usually ACCOMMODATING IT, refusal
Win an "fer to try and punish III. fuRitive-
II would .sem n II intei national good
morals would be hest preserved by assuring
committed. and whether that punishment
= W"tad ont In the country where the crime
MaS com United or ~ the country, respon-
. subject or citizen Of thAt country Nould
app@ar To he Of only secondary Importance.
In this country before "A man can be con
yict.d OF crime he must I've confronted With
hi- Witnesses This "all- for the aCtual
pre-"ncr Of The Hi;Es--ea At hi. trial No
such rule prev Hil- m France and Italy. and
IN tho>e countries the testimony Of wit
n"~-r~ Ia criminal cases may b~ taken in
.i"n-. ~ In civil ca~e- Thus II l. seen that
Italy J. a, tually equipped tn punish ~ own
-uhiect- for crimes committed In the nited
states, Dut this country - not equipped tn
punish it, own citizens for crimes COM
M douh, the situation calls for new
treaty calculations which shall leave no
room for difference A. To the rights OF the
htgh contracting parties. but pending The
adoption Of new treaty and In view Of the
fact that the Italian Government appears
To he pow erle--. owing 20 it, laws 10 sur
render ~ own subjects. the best course
would obviously be- to let Italy try ard con-
wet both those ~ its subjects Wuo have
committed crimes In the niied States and
tho-" OF our citi1enS who have committed
crimes in Italy
II can hardly b~ gainsaid that the dignity
- The Cnited states would 10 offended less
~
IT. sewing free such NJ It's citizens ~ have
'0mu'itt-d serious crimes IN Italy. A--um-
ing that itSy 10 IA the wrong In the con
troNeT-y over the question. the familiar
saving remains true that two wrongs don 4
make a right. and IL " certainly q wrong
Ia leave serious crimes unpublished. no mat
ter where they are committed
MAURICE IfoN.
NEW YoKE June -.