The sun., 1910-06-24

EXTRlDTTION MIDDLE.
u May Come About That ChaFItSR VIII
Not Ne Tried at an.

WASHINGTON. June .. There ID some
question IN the minds Of the International
lawyers herr as 20 whether Porter Charl-
ton viii he extRdited 10 Italy. This
doubt arises from the conflict between
Italy and the United States over the
construction of the eXtradition treaty
between the two countries.
The Italian Government has taken
the position that the treaty did not con-
template tho surrender Of its own citi-
zenz and il has declined 90 extradite
to tho United States two Italians who
committed crimes IN this country. The
United States has resisted this inteFpre-
tation of the law and has taken the post.
tion that the treaty requires each Gov
eminent 10 give up its own citizens to
the other country Il their extradition is
requested.
In the Charlton case. Il was said. the
United States IL under no obligation TO
surrender him TO the Italian authorities
for trial. because the Italian Government
in 1889 similarly declined 10 give up two
Italians who. after committing crimes
in this country. hed TO their native land
In view Of the fact that the Italian Gov
eminent has declined TO give up Italian
criminals who have fed from the United
States 10 Italy it Is not expected here
that the Italian Government will request
Charlton's extradition. To request his
e1tradition. IL was pointed out. will bs
a Reputation Of it, former construction
oi the treaty No official Information
has been received here as 10 the attitude
Il the Italian Government toward the
present case.
The extradition treaty between the
United States and Italy says that the two
Governments agree mutually tO deliver
up -per-ons who. having been convicted
II Or charged with the crimes specified In
the following article committed within
the jurisdiction ol one Il the contracting
parties. shall seek an asylum or he found
within the territories OF the other
The State Department has always con-
tended that the word persons included
in It's meaning citizens of both cOun-
tines In 1859 tho Department asked the
Italian Government to sMtradite Vim
cenzo Villella and Giuseppe Bevivino.
who were charged with murder in Iuzerna
county. Pennsylvania. The Italian Cow
eminent declined To give up tho mur-
derers on the ground that they we're
Italian citizens and that the eGtraditiOn
treaty between the lnited States and
Italy did not require tne ltailan Sovern-
ment 70 surIehdeI lts oNh Slueens. s. Inc Inc
o'atH D.llai .liie,i. y. ,..'- p-s III
.l.sl ~. ~ ~ Si 49, yls
~ -, ,,,',, =, ,bs ,,,n,,s,,s., ..,',i
scsil,' .vssn,,,ir,, ,.itiyens ~ sithsr ro,,r !.
try from extradition and therefore the
Italian Government could not claim that
is citizens enjoyed immunity from eK-
tradition under the treaty.
The view of the American Government
was expressed in June. 1904. by the then
Secretary of State. Gresham, la a diplo-
matte note - Baron Faya. then Italian
Ambassador here. The note was In part
a. follows;
III. p,.s,d.,t 4. y,wiIiing a anita, ,r,o.
"a, ,,..,, m s,,rsi,t,on sbi,h Iii .,.,,,,,.
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~, ,'...lis .l.ln.',,.,. y, ''''
", '1la', -
No s,''l'i rsAs,,n 70 ny clteens
OF ihe hNea 7tates VINO comm" crimes IN
italy OF llAiiah -unlectH v no oomm,' crimes
m the United states should not " they take
refuge m their own country be delivered
up by .ta authorities n the country whose