regards the immediate matter in controversy, but also adds another landmark in the history of arbitration in which the two Republics have borne so distinguished a part. Accept, etc., No. 261.] P. C. KNOX. The Secretary of State to the Mexican Ambassador. DEPARTMENT OF STATE, Washington, June 27, 1910. EXCELLENCY: Referring to previous correspondence, particularly to the department's note No. 208, of March 22, 1910, reviewing the circumstances in connection with the dispute between the United States and Mexico over the sovereignty of the Chamizal tract, and proposing that the question be submitted to arbitration, I have the honor to inclose herewith a copy of a letter, dated to-day and addressed by the department to Mr. Wilbur Keblinger, American commissioner on the Commission for the Study of the Equitable Distribution of the Waters of the Rio Grande and Colorado Rivers, designating him as the officer to pass on the question of the existence of prima facie Mexican title and of the fact of actual possession under such title on March 15, 1910, in cases where legal proceedings looking toward ejectment are threatened or undertaken. Accept, etc., P. C. KNOX. [Inclosure.] The Secretary of State to Mr. Wilbur Keblinger. DEPARTMENT of State, Washington, June 27, 1910. SIR: The department incloses herewith a copy of its note No. 208, of March 22, 1910, to the ambassador of Mexico at this Capital, reviewing the circumstances in connection with the dispute between the United States and Mexico over the sovereignty of the Chamizal tract and proposing that the question be submitted to arbitration. Your attention is particularly called to that passage in the note in which the department says: The department proposes to appoint an officer who shall be authorized to pass upon the question of the existence of prima facie Mexican title and of the fact of actual possession under such title on March 15, 1910 and to report to the department the cases wherein ejectment should be prevented by virtue of international comity, whereupon the necessary action will be taken by the appropriate officers of the Department of Justice as has been done in the past. The department takes pleasure in designating you as the officer in question, and you are accordingly authorized, in case you are so requested either by the Mexican commissioner of the International Boundary Commission or by any person or persons in the Chamizal tract against whom legal proceedings looking toward ejectment are threatened or undertaken, to pass upon the questions as to whether or not such persons are claiming under prima facie Mexican title, and whether or not "they or their predecessors in interest were in actual occupation of the lands so claimed on March 15, 1910." In case you find, first, that any claimant claims under prima facie Mexican title, and, second, that such person or his predecessors in interest were in actual possession of the land so claimed on March 15, 1910, you will report your findings in full to the department, together with such an abstract of the evidence in the case as you may deem necessary to the end that the department may request the appropriate action through the Department of Justice. In case immediate ejectment proceedings are threatened so that there is no time for reference of the matter to the department, you will act upon your own responsibility, and if you deem that the nature of the case so requires you will request the United States district attorney or his local assistant to take such action as may be deemed appropriate. In cases of importance or doubt where there is no time for a written report to the department, you will consult the department by telegraph when practicable. The department feels that your familiarity with the matters in controversy and with the local conditions at El Paso should enable you to exercise proper discretion in the handling of the various cases which may arise, and that you will always bear in mind the desirability of maintaining amicable relations between the citizens of the United States and Mexico pending the final arbitration of the Chamizal controversy under the proposed convention between the United States and Mexico. I am, etc., P. C. KNOX. EXTRADITION OF HELIODORO GARCIA FROM MEXICO TO THE UNITED STATES. REARREST OF FUGITIVE AFTER EXPIRATION OF 40-DAY DETENTION File No. 212.11G16/2. PERIOD. Ambassador Wilson to the Secretary of State. No. 42.] AMERICAN EMBASSY, SIR: Pursuant to the department's telegraphic instruction of April 14,1 of the 14th instant, received to-day, I have the honor to report that I have requested the provisional arrest and detention of Jacinto Garcia and Heliodoro Garcia, charged with murder in California, who are supposed to be at Camargo, Chihuahua, and Jalostotitlan, Jalisco. Í have, etc., HENRY LANE WILSON. File No. 212.11G/6. Ambassador Wilson to the Secretary of State. (Telegram-Paraphrase.] AMERICAN EMBASSY, Reports that the foreign office in a note received to-day, advises him that Heliodoro Garcia has been arrested. Adds that detention dates from the 23d instant. File No. 24172/6. The Secretary of State to Ambassador Wilson. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Informs him that the California authorities find it impossible to convict Leodoro Garcia, who is now in jail under provisional detention at Jalostotitlan, Jalisco, under name of Eledoro Garcia, of murder. Says that a new warrant of arrest has been issued for 'Not printed. Leodoro Garcia for crime of assault with intent to commit murder committed in California, April 25, 1909, upon person of Louis Manzo. Directs him immediately to request provisional arrest and detention on this charge. File No. 212.11G16/9. No. 86.] Ambassador Wilson to the Secretary of State. AMERICAN EMBASSY, SIR: Referring to the department's telegraphic instruction, June 1, of the 1st instant, I have the honor to inclose, for the department's information, copy and translation of a note from the foreign office of yesterday, and copy of my reply thereto of to-day, with regard to the provisional detention of Leodoro Garcia, charged with assault with intent to commit murder. MR. AMBASSADOR: I have received your excellency's note, dated the 4th instant, in which with reference to a previous note, dated April 15, you are pleased to advise me that the crime for which Heliodoro Garcia has been accused in California is assault with intent to commit murder, but not for murder, for which his provisional arrest was requested. In reply, I have the honor to advise your excellency that as the 40 days established by the treaty in force, counting from the date of the provisional arrest of the fugitive, have expired, without the extradition documents having been presented, this department finds itself obliged to place the fugitive referred to at liberty, in compliance with Article X of the same treaty. I avail, etc., [Inclosure 2.] ENRIQUE CREEL. Ambassador Wilson to the Minister for Foreign Affairs. AMERICAN EMBASSY, Mexico, June 8, 1910. MR. MINISTER: I have the honor to acknowledge the receipt of your excellency's note, No. 31003, of yesterday, wherein you advise me than the 40 days of provisional detention under which Heliodoro Garcia was held on the charge of murder having expired, your excellency's government has deemed it necessary to place the fugitive at liberty. As your excellency will note from a reference to my communication of the 4th instant, the provisional detention of Garcia was requested on the charge of assault with intent to commit murder, and I have the honor to request that your excellency advise me whether his apprehension on this charge can be effected. As your excellency will note from a reference to the embassy's No. 670, of April 17, 1909, the American Government holds that a man may be rearrested and held until the case may be acted upon by the proper judicial authorities, and attention was called to the fact that rearrests have been made in cases where the Mexican Government has failed to get the papers into the hands of the Washington Government within the limits of the 40-day period. This was in connection with the extradition of Juan de Dios Rodriguez, charged with murder. Notwithstanding that the formal proofs were not presented until 27 days after the prescribed period had elapsed, your excellency's Government, in accordance with the representations made by my Government, ordered an extension of the detention period, and granted the extradition of Rodriguez; and Mr. Mariscal, in his note of April 12, 1909, acquiesced in the policy of the United States in the following words [translation]: In accordance with my note, dated the 11th of last February, the period of time for the detention of the fugitive, according to Article X of the treaty, expired on the 5th of last March; but as a favor, to the Government of the United States, and to the worthy personal representation made by your excellency, the same shall be admitted and shall be sent to the district judge in due time, feeling certain that the Government represented by your excellency will grant to the Government of Mexico reciprocity in any similar case. In view of the above, I have the honor to request the provisional arrest and detention of Heliodoro Garcia on the charge of assault with intent to commit murder. I avail, etc., HENRY LANE WILSON. File No. 212.11G/10. Ambassador Wilson to the Secretary of State. [Telegram-Paraphrase.] AMERICAN EMBASSY, Refers to the embassy's No. 86 of June 8, and states that the foreign office asks when the proofs against Heliodoro Garcia may be presented. File No. 212.11G16/13. No. 101.] Ambassador Wilson to the Secretary of State. AMERICAN EMBASSY, SIR: Referring to my No. 86, of the 8th instant, and to my telegram of to-day, I have the honor to inclose, for the department's information, copy and translation of a note received to-day from the foreign office, and copy of my reply thereto, relative to the provisional arrest and detention of Heliodoro Garcia, charged with assault with intent to commit murder in California. I have, etc., [Inclosure 1-Translation.] HENRY LANE WILSON. No. 32479.] The Minister for Foreign Affairs to Ambassador Wilson. FOREIGN OFFICE, Mexico, June 18, 1910. Mr. AMBASSADOR: Referring to the embassy's note, dated the 8th instant, I beg leave to ask that the final proofs in support of the extradition of Heliodoro Garcia be sent to this department, because whatever the legal classification of the offense may te, the 40 days established by the treaty for the presentation of said document has expired in excess. In case that the embassy has not said documents I shall be pleased to learn when the same may be had. I avail, etc., ENRIQUE C. CREEL. No. 295.] [Inclosure 2.] Ambassador Wilson to the Minister for Foreign Affairs. AMERICAN EMBASSY, MR. MINISTER: I have the honor to acknowledge the receipt to-day of your excellency's note of the 18th instant (No. 32479) with reference to the provisional detention of Heliodoro Garcia, who is charged with assault with intent to commit murder in California. Your excellency requests to be advised whether the proofs, as required by treaty, have been received by the embassy; and in the event that they have not, asks to be informed when they can be presented. Your excellency furthermore states that the 40-day detention period, as prescribed by treaty, has expired. With regard to the formal proofs I have the honor to advise your excellency that I have this day requested the necessary information from my Government, which will be communicated to your excellency in due time. With regard to the second point in your excellency's note, I regret that your excellency differs from the principles accepted by the department for foreign affairs in its note of April 12, 1909, which was an acquiescence in the policy of extending the 40-day provisional detention period when, because of distances, unavoidable delays in securing testimony, or for some other unforeseen reason, it was not possible to submit the proofs within those limits; because while it is true that Article X of the extradition treaty does prescribe a 40-day detention period, your excellency will agree that the extradition treaty was intended primarily to serve the ends of justice; and if a fugitive, against whom there is a clear case, is allowed to go free because of a strict adherence to this article, it is apparent that the true ends of justice will not be furthered; and furthermore, while the crime is of course primarily an attack on society in the place where it was committed, it is nevertheless certain that a criminal at large constitutes a menace to and an offense against the society of any place where he may be found, which goes to show, and I am sure your excellency will agree with me, that justice is not confined to one community, but is international; and that by extradition not only is the justice of the place where the crime was committed satisfied, but also the justice of the place where the fugitive may be found is vindicated. It is, however, not necessary to discuss at length the various equities, acquiesced in by your excellency's Government, of this policy, because, strictly speaking, the question of an extension of the 40-day period has no bearing on the case now under consideration. As your excellency will note, my request of April 15 asked for the provisional arrest and detention of Heliodoro Garcia on the charge of murder, on which charge he was apprehended on April 23. My note of June 4, however, withdrew this charge, and asked for his provisional arrest and detention on the charge of assault with intent to commit murder. After a careful study of the extradition treaty in force between your excellency's and my Government, I have not been able to find any provision prohibiting the rearrest of a fugitive on a second charge, whether the first one was not proven or whether, as in this case, it was withdrawn; and inasmuch as paragraph 21 of Article II of the extradition treaty declares assault with intent to commit murder to be an extraditable crime, it would appear that even if the 40-day detention clause were to be interpreted literally, Garcia's detention can only be considered as commencing prior to June 4, which was the date on which his apprehension on the charge of assault with intent to commit murder was requested. I have entered thus fully into a discussion of this case for the reason that I fear my two previous notes may not have been entirely understood; and I have the honor to request the provisional arrest and detention of Heliodoro Garcia on the charge of assault with intent to commit murder in California. I avail, etc., HENRY LANE WILSON. File No. 24172/10. The Acting Secretary of State to Ambassador Wilson. [Telegram-Paraphrase.] DEPARTMENT OF STATE, Mr. Wilson refers to the embassy's telegram of the 21st instant, and states that the governor of California has been advised of its con |