Evening star. [volume] (Washington, D.C.) 1854-1972, 1910-12-10
Warrant Is to Be Issued
for Surrender of Charlton

A warrant for the surrender of Porter
Charlton to the Italian government will
be issued by the State Department with
in the next few days The warrant viii
be delivered to the Italian ambassador.
who will present it to the authorities hay
ing Charlton in custody.
1t is believed by officials here that the
case will then he a closed incident SO far
as the State Department is concerned
and that the battle to save Charlton from
eXtradition will be fought out entirely ia
the courts. 1t is admitted however. that
under some conditions the case may be
again reported to the Secretary of state
Judge Paul Charlton, law officer of the
insular bureau of the War Department
who is the father of Porter Charlton
has gone to New York to consult with the
prisoner counsel with respect to the
legal steps to be instituted to secure his
release, If possible, on the ground of in
sanity or other legal procedure.
Unless judicially declared irresponsible
for his acts by reason OF insanity, Porter
Charlton will be surrendered to the Italian
authorities.
Such is the decision Of Secretary knox
on the application of the Italian govern
ment for the surrender of the prisoner
under the terms of the extradition treaty
between the two governments.
Had Secretary Knox refrained from
acting upon this case for six days more
Porter Charlton would have been Il free
man. The statutes required final action
in the case within sixty days from the
date of his commitment.
United States stip Bound.
The Secretary takes broad ground in
his opinion. holding that the mere fact
that the Italian government declines 10
surrender its own citizens does not ab-
solve the United States from full respon-
sibility under the eXtradition treaty, and
in no way acts to abrogate that treaty.
The legal contention of counsel Of the
accused on that point and OH the other
pont-that the Italian demand for Charl-
tons surrender had not been made H.
strict accordance with the requirements
of the treaty-are swept away by the
Secretary without basis, and the COM
mitting magistrates proceedings are
found to have been regular in all re-
SpectS.
\ closing remark by the Secretary in
his announcement, is of deep significance
carrying the plain intima ton that Charl-
tons attorneys may have further recourse
to the courts if they are disposed 10
raise the question of insanity
The decision of Mr.. Knox comes as q
surprise, not only because of Jurge Charl-
tons official and personal relations with
the government authorities, but because
ii had been predicted that the State De-
partment would deny the request on the
ground that the Italian government re-
peatedly has refused to surrender Italian
citizens for trial in the United States for
crimes committed in this country
Objections to Extradition Overruled.
Secretary Knox overrules every point OF
the objections to extradition raised by
counsel in the brief submitted
10 the State Department some time ago.
The first objection was that the record
Of the committing magistrate did not con-
tain the formal demand of the Italian
for the fugitive's surrender.
Mr. Knox answered that the question OF
formal demand Of requisition is OF a
political character. and is made between
governments themselves and not through
courts, in accordance with treaty provi-
SionS.
The extradition magistrate has only tho
to determine whether there are