File No. 13815/108.

Minister Dodge to the Secretary of State.

No. 37, Honduranean series.]

Sir: I have the honor to acknowledge the receipt of your instruction, No. 47, of the 21st ultimo, stating that the department has received through the Department of Justice a request from the United States district attorney for the southern district of New York, that application may be made to the Government of Honduras for permission to put Francis G. Bailey, Albert W. Bailey, Alfred Oxley, and Henry H. Meyers upon trial, not only for the specific charge for which the Government of Honduras has already granted extradition, but also upon any indictment that may be found against these men, either in the State or Federal courts, and directing me to bring this matter promptly to the attention of the Government of Honduras and to report by cable the result of my action.

I accordingly immediately telegraphed to Mr. Fiallos, Honduranean minister for foreign affairs, in the sense of your instruction, and I have to-day received a reply from him stating that his Government is well disposed to yield in every possible way to the desires of the Government of the United States., and therefore agrees that these men may be tried for other criminal charges which may be made against them provided that the crime or crimes with which they are [Page 481] charged are by their nature or circumstance of those which give occasion for extradition.

While adding that I have to-day telegraphed you the substance of Mr. Fiallos’s reply, I have, etc.,

H. Percival Dodge.