The Washington herald., 1911-02-17


brought about, the old specter of States
sovereignty, which would appear early
in the case, would push it to the court
of last appeal, the Supreme Court Of the
United States.
Sheriff Viett, of Montgomery County,
Md, through whose territory most of
the diplomatic automobiles have been in
the habit of passing, en- route to the
Chevy Chase Club, is left in a quandary.
II he enforces the law, as his superiors
probably will insist, he is in danger OF
becoming, in the words of the United
States statutes, "a violator of the laws
of nations, and a disturber Of the pub
lie repose," and of undergoing not more
than three years imprisonment. That
is If the secretaries refuse to pay for
licenses and enter Mr.. Viett's Jurisdiction
without them.
Law Provides Immunity.
International law and printed instruc-
tions from the State Department to our
diplomatic agents say that: The per-
sonal immunity OF a diplomatic rep
resentative extends to his household. and
especially to his secretaries
Section 4O63, of the Revised Statutes of
the United States, says that any judi
cial process whereby the person OF any
public minister of any foreign prince or
state is authorized and received as such
by the President, or any domestic or
domestic servant of any such minister,
is arrested or imprisoned, or his goods
or chattels are distrained, seized. or at
tached." is void: and by section 4o64.
every person suing out or executing
such process Is declared to be a ''vio-
lator of the laws of nations and a dis
turber OF the public repose," and to be
imprisoned for not more than three
years. and fined at the discretion Of
the court
Unless some one changes that decision,
there will be lots healthier jobs than
sheriff of Montgomery County, Md
The Department of State is not ready
to say what course it will pursue in
the event that Maryland refuses to ac-
cord the free auto license privilege to
members OF the official families of am
bassadors and ministers. The depart
ment announced yesterday that it ex-
pected the universal Interpretation would
be put on the word diplomat-that IL
would extend to all members of the
official families, charges. military and
naval attaches, and all secretaries.
When Is n Ministerf
decision OF former Secretary OF State
Fish, and which formerly occupied a
place in the instructions of this gov
ernment to its diplomatic agents, says:
"A secretary of mission is. according
TO the admitted principles of international
law, a public minister His personal
privileges, immunities, domiciliary privi-
leges and exemptions are generally those
OF the diplomatic representative of whose
official household he forms a part
BY this decision authorizing the issu-
ance of free auto licenses to foreign am
bassadors and ministers, Attorney Gen
eral Straus makes virtual admission of
the rights of diplomats to exemption
from such taxation. International law,
moreover leaves no room for doubt on
that score, apparently. Printed instruc-
tions from the State Department to dts
diplomatic agents say:
Immunity from local Jurisdiction ex-
tends to a diplomatic representatives.
dwelling house and goods, and the ar
chives Of the mission. These cannot be
entered. searched, or detained under pro-
cess of local law or by the local authori-
ties" The instructions further say: The
personal immunity of a diplomatic repre-
sentative extends to his household, and
especially to his secretaries