File No. 12344/3–4.

The Secretary of State to Secretary of Legation Gibson.

No. 3.]

Sir: I inclose herewith a copy of the department’s note of the 1st instant to the Honduranean minister concerning the proposed extradition treaty between the United States and Honduras and a copy of the extradition treaty with Spain, referred to in that note. I also inclose a copy of Minister Dodge’s dispatch No. 14, of May 18, 1908, inclosing a copy of a note from the Honduranean minister of foreign affairs, in which the Honduranean Government expressed its willingness to surrender fugitives from the justice of the United States provided [Page 472] that the fugitives are not Honduraneans and that the crimes for which they are wanted are of a serious character and of recent date.

After having acquainted yourself with those communications you will ascertain whether the Honduranean Government, as an act of comity and in anticipation of the extradition treaty for which negotiations are now pending, will grant the extradition of the following persons to the United States, at the same time making the customary statement that the United States will be unable, under its laws, to extend the same courtesy to Honduras before the conclusion of the treaty:

William Adler: Charged with embezzling the moneys, funds, and credits of the State National Bank of New Orleans during the period from September 23, 1907, to December 9, 1907. Adler was indicted in New Orleans on March 5, 1908, and a warrant for his arrest issued March 6, 1908. His description is as follows: About 5 feet 2 inches tall; weight about 135 pounds; dark sallow complexion; bald head; black hair and mustache tinged with gray. He is supposed to be located at Puerto Cortes, Honduras.

William H. Simmons: Charged with embezzling funds of the First National Bank of Lake Charles, La., at various times between November 23, 1905, and October 23, 1907. A warrant for his arrest has been issued. He is described as of about 33 years of age; 6 feet 1 inch tall; weight about 195 pounds; brown hair; large light-gray eyes; chin small, pointed, and weak; large mouth. He is reported to be in the employ of the United Fruit Company at Puerto Cortes, Honduras.

John Ripplinger: Charged by the authorities of the State of Washington with larceny by embezzlement, in March, 1906. Warrant for his arrest was issued May 14, 1907. At last account he was supposed to be located about 20 miles south of Yriona (Iraona), Honduras.

I am, etc.,

Elihu Root.