The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-07-14
CASE OF cHARIroN.

life. into a trunk which was cast into
the waters OF Lake Como. Italy. STANDS
a reasonable chance OF going free II
the extradit.on papers from the Italian
government are not honored at Wash
ington the New Jersey authorities viii
turn the prisoner loose.
The United States has extradition
treaties with all the civilized countries,
some OF which treaties do not contain
any provision for the surrender OF its
citizens by one country to another.
The treaties with France. Great Brit
ain and Italy may be cited TO illus
trate the existing conditions.
The extradition convention with
Italy. which was concluded IN 1865.
provides. among other things. that the
governments mutually agree to de-
liver up persons who. having been
convicted Of or charged with the
crimes specified In the following arti-
cles. committed within the Jurisdiction
OF one OF the contracting parties. shall
seek IN asylum or be found within the
territories or the other
The government Of Italy, however.
has consistently refused % surrender
Its citizens to be tried for crime COM
nitted IN the United States
The Italians undertake TO punish
their own citizens for crimes commit
ted in foreign lands. and # must be
admitted IN cases or this kind that
Justice has not been cheated. The
question o. extradition with Italy first
came into prominence when James @.
Blaine was secretary Of state.
The rule appeared to be generally
recognized that where an extradition
Is silent on the subject OF the surren-
DER Of its citizens by one party TO the
other. either party MAJ refuse to sur
render its own citizens. The contrary
view. however. was taken by Mr..
Blaine when as secretary Of state he
reviewed the question In a communi-
cation dated June %. 1890, to Baron
Fava. then italian minister at Wash
ington. This communication related
70 the cases Of two Italian subjects
Bevivino and villella. who in the
WWAAH 0A MI ANAtAAAAE NANAME EWNAMlAA-
ted murders In the United States Of a
most aggravated and atrocious char
acter have sought asylum in their own
country, which has refused to comply
with the demand OF this government,
based upon treaty. fer their extradi-
lion"
Italy refused 20 surrender these two
rcd-handed murderers. but the case
was not the first one OF it's kind. Prior
20 that time the case Of Paladini
the first one 10 come up. was docketed
in 1855. the italian government hav.
ing in that case taken the ground. foI
the nrst time. that Paladini. being an
Italian subject. could not be extra
-dited. Mr.. Bayard. writing 70 ths
charge d'affaires at Rome under date
of september 10. 1855. said that the
state department possessed no guide
except the language OF the treaties
which contains no such Limitation a.
that suggested"
But we should take note OF the fac
that the Italian government under.
takes TO punish all offenders who ow,
allegiance to its flag. Besides tn
cases above referred to there are man.
others. involving some Of the mos
celebrated crimes in our annals.
The trouble Is that our convention,
with the foreign governments are no
strong enough. as the cases OF Bevi.
vino and vniella abundantly prove
The Italian government undertook tC
punish BevivinO and vileila for
-crims committed IN the United States
They we're not surrendered. but wer,
tried under the italian law IN tn,
United States. found guilty and sen
fenced 10 prison.
10 should be noted, however. that ir
the case OF Bevivino and viuella tn,
Italian government undertook to pun
ish the fugitives for the crimes which
they had committed in the United
States. and did punish them. Bevi
vino was sentenced 10 twenty year
imprisonment and viiieila to ffteer
years.
Both the italian and the American
governments have from the beginning
OF the controversy maintained abso
lutely consistent positions. In April
1924, the Italian government having
been asked whether II would surren
der two OF its subjects for trial in thi
country. replied that it could neve
consent TO the delivery in extradiuoi
OF its subjects.
To this view this government tool
exception. without. however, insistini
upon it's rights under the treaty. Tn
matter was taken up again in 1899 Fl
in the case OF hi Blast. charged wit
murder in Massachusetts,. In tina
case Mr.. Hay pointed out that our ex
tradition treaty with Italy calls 10
the surrender OF persons charge