The Washington herald. [volume] (Washington, D.C.) 1906-1939, 1910-06-24

There is some question in the minds OF
international lawyers IN Washington as
TO whether Porter Charlton will ever be
extradited 10 italy for trial for the muir
der of his wife
This doubt arises from the conflict be-
tween the United States and Italy over
the construction OF the extradition treaty
The italian government has taken the
position that the treaty did not oontem-
plate the surrender of its own citizens,
and It has declined TO extradite 10 the
United States TWO italians who COM
mitted crimes in this country.
The United states has resisted this In
depreciation Of the law and has taken
the position that the treaty requires each
government TO give up its own citizens to
the other country IL their extradition is
requested
Declined 10 Surrender.
In the Charlton case. it was said. the
United states is under no obligation 10
surrender him to the italian authorities
for trial. because the Italian govern
ment In 1889 similarly declined 10 give
up two Italians who after committing
crimes In this country fed 10 their native
land
IN view OF this fact II is not expected
that the italian government viii request
Charlton's extradition. To request his
extrRdition, it was pointed out, will be
a reputation OF its former construction
OF the treaty. No official information has
been received here as 10 the attitude of
the italian government.
The exuadition treaty between the
United States and Italy says that the
two governments agree 10 mutually de-
liver up persons who. having been con-
vioted Of or charged with the crimes
specified in the following article COM
mtted within the jurisdiction OF one OF
the contracting countries. shall seek asy-
lum or be found within the territories OF
the other"
'Persons" Include "Citixens."
The State Department has always con-
tended the word persons" included in
its meaning citizens" of both coun-
tries.
In 1889 the department asked the italian
government 10 extradite Vincenzo Vii
leila and Giuseppe BovivlnO. who were
charged with murder in Luzerne County,
Pa. The Italian government declined 10
give up the murderers on the ground that
they were Italians. and that the extra
dition treaty between the United States
and Italy did not require the Italian
government to surrender its own citi-
zens.
The State Department protested against
this Interpretation Of the treaty. Mr..
Bayard, then Secretary of State. said
there was no clause IN the convention
specifically exempting citizens of either
country.
The view OF the American government
was expressed in June 1894. by then
Secretary Of State Gresham, in a diplo-
matte note 10 Baron Fava, then Italian
Ambassador here. The note was. in part
as follows:
Note TO the Ambassador.
THE President is unwilling 10 enter
into any treaty Of extradition which viii
exclude citizens or subjects of either
country from its operation,
NO good reason is perceived why citi-
zens of the United States who commit
crimes In Italy, or Italian subjects who
commit crimes in the United States,
should not, If they take refuge In their
own country, be delivered up by its au-
thorities to the country whose laws they
have violated. A refusal TO surrender
them would result in the case Of Ameri-
cans committing crimes In Italy IN an
utter failure. Of justice, and though Italy
may undertake 70 punish her subjects
who, after committing crimes here, re-
turn within her jurisdiction, yet the
means OF ascertaining the truth and do
ing justice must. under such conditions.
always be difficult and often unattain-
able
If Italy does demand ChaTItOns extra
dition. the question viii be placed for
settlement before the State Department,
which may decline TO surrender him.
Proceedings can be instituted by the
Italian consul general at Hoboken, who
viii file formal charges against him be-
fore an extradition commissioner. After
evidence has been taken by the COM
missioner, the record in the case Will be
forwarded 10 the State Department.
which win review the case. If Secretary
of State Knox decides to surrender
Charlton, the order for his extradition
VIII be signed by President Taft Other
wise Charlton will be released from Gus
tody