Mr. Olney to Señor Romero.

No. 105.]

Sir: Adverting to your two notes of the 18th and 26th ultimo, respectively, in relation to the extradition case of Inez Ruiz, Jesus Guerra, and Juan Duque, I have the honor to inform you that I am advised that the order of the Supreme Court remanding the case to the district court in Texas has not been officially communicated to the district court and will not be so communicated until counsel request it. The rule is that a mandate is not issued in the absence of a special order made on motion in open court until thirty days after the decision of the superior court has been rendered, and that it will not be sent down after the thirty days have expired except at the instance of counsel.

The defendants in this case are, according to the Department’s information, still at large on bail. They can not be rearrested under the ruling of the Supreme Court until that ruling has been officially communicated to the lower court and has become a part of its record. This Department can not consider an application for the surrender of fugitives from justice unless they are in custody awaiting its decision.

Accept, etc.,

Richard Olney.