The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, 1910-12-10
PORTER CHARLTON SUBJECT
TO EXTRACTION To ITALY

urDIrirfv or eurffcfoucr 81 the form
in which n ls made are FOR the deter
nina tiun % that branch
'f le first objection. raised by coun-
eel for tnc accused in this case. o.
without merit and Of no effect In de-
tcatlng cNiralition.
'Tne second objection is that Charl-
fou should uOf De- surrendered because.
under tho treaty providing that each
government shall surrender persons fu-
-iiiro from the one and found in the
other. IfIIr refused Goo surrender 20 the
United States Tor trial and punishment
from tho Justice Of the United states,
therefore. tnc United States is relieved
from any obligation 10 surrender its
citizens. fugitives from Italy.
"T1is contention. like the first is
without merit in this case.
Treaties Not wholly Reciprocal
"Its fundamental faliacy is that an
cN'radiuon treaty must Boz wholly re-
CiurocaL This is not true. our own
treaties win show. FOR example. that
urOu occasions we have stipulated as
-istaucc from foreign governments in
.thc matter ~ apprehension of crimi-
nails fugitive from our justice in other
countries where we have not been able
to grant. and DO not grant or extend
such. assistance In a reciprocal case
Regarding the attitude Of the ltal-
iru government in the negotiations
with this nation. concerning the dispo-
sitiou OF Charlton. The decision says
'fho course followed by italy In the
present case indicates as. indeed. is set
forth I'm the diplomatic corresp ondence.
THAT the government regards the Unit
ca States and Italian cStradition treaty
as being uou-reci urocal as to citizens
or subjects 90 the respective countries
and that while italy cannot surrender
to the United states for trial and pun
i-hment her subjects fugitive from the
justice of Tho nitcd states. still the
United states o.. pursuant Co its own
Interpretation. under obligations to
surrender to Italy for trial and pun
ishmeni, citizeus % the United states
furitivc from The justice Of italy.
No breach Of obligations.
"fn this connection it should be OBJ
served that the United states, although
consistently contcnding that the ltal-
enc. has not treated the Italian practice
as breach 81 treaty obligation neCes-
sarfy requiring ahrogauou. has not
ahrogatcd the treaty or taken any step
looking thereto and. on the contrary.
has constantly regarded the treaty as tn
FUN fu~Cc and effect. and has answered
obligations imposed thereby and has
invoked rights therein granted.
"If should moreover. Doe observed
that even though action OF the Italian
government be regarded as breach Of
lbrogated and, therefore. the treaty not
having been abrOgafed. its provisions
are operative aE1inst us"
Conclusions of Secretary Knox.
Tn concluding his memorandum in
the case. secretary Knox says.
Tn determining the meaning which
as O. matter OF public morality. ought
to DO given Co an cVfradifiOn treaty. &c
must Doe remembered that under our
constitution and laws DO D. not possible
to punish criminals I'm this country FOR
crimes committed against the peace
and di-nifv OF foreign governments
end hat therefore unless we surren-
der Co such foreign governments for
trial and punishment our citizens COM
hitting crimes within the Jurisdiction
or such governments. such citizens will
60 wholly uuwhfUucd hy justice.
"FOr these reasons Do is decided that
DE government Of the United States
should surrender to the government Of
italy Porter Charlton. charged with
the crime OF murder. which crime ne
has confessed.
Counsel for The prisoner also con-
tends chat Charlton should not now be
surrendered because the committing
magistrate refused to receive testimony
tending Co prove his insanity. n the
magistrate erred I'm thus refusing such
testimony. the prisoner has mis- remedy
I'M the courts and 20 o. not for the de
rartment at this stage Of the proceed
iugs Co pass upon this question"