Tulsa daily world. [volume] (Tulsa, Indian Territory [Okla.]) 1905-1919, 1910-09-21
ITALY MAY NOT
GET CHARLTON
But ATTORNEYS FEAR ~ EXTRA.
DIIION pIDI.
NO FORMAL DEMAND YEl
Blundcr- bN the STATE department May
Permit Ilis Return without
Legal Right,

Sew YDit. Sept 20 Attorneys for
Porter Charlton thr young man
charged with numbering hIs Wfo and
throwing the body loo lHhr Como de-
oltred today that the Italian govern
mCnt Naa Iitrmp.iug literally 10 scIl
the young man aud uIr him back
10 ltaii tor trial without legal right
Thoy ay that the state department
has committed several ulundcr- and
that through these blundrrs the italian
government viii try 10 ,Ntraditr Charl.
TON gnoriug certain important proc
visions of the International treaty
Acting uu thas belief when Charlton
appears before Judge Blair ln Jersey
city WcdncsdtN his attorneys VIII
move f1r the dismissal ui the case on
the ground that the Italian govern
mcnt has made up formal demand for
him
The treaty expressly provides that no
citizen OF the Dn.tcd States shall be re-
turned 10 italy Tor trial without 70
formal demand un tho state depart
mcut by au authorized officer of the
Italian government his demand, thcy
are convinced. h9H never been made.
Inquiries at the state department for
the last .lx weeks have produced only
evasiye replies II the deman dhas not
been made, Charlton is practically
frec man, for the treats also pro-
Nidcs that the papcrs sholl be filed
with the state department within for
tv DAYS after the date Of the arrest
There are three -teI0 loo the extra
ditiOn Of a prisoner under the treaty
with Italy. The nr-t is a tcleRraphir
requisition and this was received hy
the state department shortly after the
arrest The second Is the filing NJ n
copy OF the warrant together with the
'dossiere.' record of the proceed
ings under which the warrant was Is
sued.
The third ana important step is the
formal demand. After outlining the
manner In which these hrst two steps
shall DE taken, the treaty says
The person thus accused and Inn
prisoncd shall from time To- time be
remandcd to prison until a formal de-
mand Tor his or her cNtr1ditiOu shall
be made and supported by evidence
above provided. II. however, the re-
uuisition. together with the documents
provided for. shall not be- made as
required by a diplomatic representa-
tive of the demanding government
within forty DAYS from the date Of
uIT'NI tnt ptIFNh TUhll W N'N ~ NV
erty."
II is pointed out that In this case
the omission of the formal demand
and the attempt to eNtradite Charlton
without IL, II no mere technicality,
Italy has the strongest of reasons for
not wanting To make a formal demand
on the Washington government, To do
So would be an apology and repudia2
ticn OF the construction that the ltal-
ian government has put on the treaty
II has held that 1t is not obliged to
give up citizens of its own country
who commit crimes here.
To make formal demand for "a
citizen OF the United states would
open the way Tor return demands
which Il could not grant. Therefore
the attempt to cXtraditc without for
mally committing the foreign office to
recognition Of that clause In the
treaty. Instead of forwarding the
pupers to the Judge who Is 10 hear
the Charlton case, the state depart
ment took the unprecedented step OF
returning them to representatives Of
the Italian government In New York
They should be ON file in court ac-|
COrding to the treaty