The sun. [volume] (New York [N.Y.]) 1833-1916, 1914-02-19
CASTML0'S CASE A PUZZLE.
estra dition Would Mean Sending
Bandit 20 Certain Death.

WASHINGTON. Feb. 1s.-The capture OF
Maxine Castillo and six OF his band. said
20 be responsible for the death OF sixteen
Americans in n train In the Cumbre tun-
mel IN chihuahua. has presented to the
authorities at Washington a complicated
problem the solution Of which was not
even attempted to-day. The question is
pha, is 10 be done with Castillo and his
men and how.
The War Department was officially in
formed to-day that Castillo had been
caught on the American side OF the lire
oy an army patrol in New Mexico and
mat he and his followers were being sent
o e Paso to be turned over to Brig
zen. scott. commanding at that point. The
Msx.cans were seized and are being held
N the charge OF crossing into the United
states under arms in violation Of the
neutrality statutes Of this Government.
Secretary Bryan asked Gen. villa to
apprehend and punish Castillo for his al
eyed responsibility for the death Of the
sixteen Americans In the tunnel disaster.
II now appears 1t would have simplihed
tn situation for this Government had
vnla succeeded In capturing the bandit
leader rather than that he was caught by
American troops In United States terri
tory.
II Is assumed that the State Depart
nsnt having asked for the capture and
pu.!shment OF Castillo the Washington
authorities will be obliged to take steps
10 see that he Is returned to Jurisdiction
IN which Villas authority Is supposed to
be supreme. villa has already announced.
however that Il he gets his hands on
Castillo he will kill him, and II 10 doubted
whaher the Administration will feel like
turning even Castillo over to certain death
At the hands OF the rebel leader.
May Deport Hin - Undesirable.
There are several ways in which Cas-
u!o might be returned to Mexico. The
Department Of Labor. having charge OF
Immigration matters. might claim 5uris-
d.ction and turn him back as an unde-
SraAe allen not to be admitted into the
United States. He could be deported
either on the charge Of having been guilty
Of Il crime involving moral turptitude or
he might be deported as a lunatic II q
lunacy commission found him Of unsound
mind. In either event Villas representa-
tves would get control Of his person II
Ae were sent across the line from FL Paso.
The State Department might on the
ether hand. claim jurisdiction and pro-
seed TO extradite him. It Is expected that
Villa will ask for his extradition. A re-
quest for extradition will raise many fine
questions of law. however. Requests o.
the Huerta Government Tor extraditiou
" criminals have been recognized, but
the right Of the rebel leaders to ask ex-
tradition under the treaty has never beeI
recognized because the question has no,
YET come up.
The treaty provides. however. that the
civil or military authority Of Mexican
State may ask the Governor OF an Amer
lear frcrltier State for the extraditeon OF
person charged with the commission OF
crime In Mexico. Since villa as the
civil and military authority In chihuahua
has no connection with the Federal Gov
eminent at Mexico city II Is question
whether or not no has "a recognizable
right TO ask tho Governor OF Texas e
'eStradite Castillo.
Another mode of procedure Is for the
tllo as "A man who had come into the
United States under arms and presumably
was intending to violate the neutrality
statute. Many Mexcans have been i'm.
pTisoned on this charge In the last three
years. In some cases, however. where
MexlGans were seized on this charge
they have been turned back across the
line into Mexico without the arms they
bore when unprecedented. The latter pro-
cedure would be equivalent to delivering
Castillo to certain death. and this the
United States has refused to do In the
case Of Federal and rebel soldiers. Cas-
pllos case differs from previous cases
however, is that he has been accused Of
responsibility for the train disaster and
mo Secretary of State has asked Wills
Tor hts apprehension and punishment
state Department WIN Decide.
II Is h..l!eved that the state Depart
nent will decide what procedure 10 Il
% adopted In his case and which depart
neat OF tbs, Government Is to take ch2rgt