File No. 12208/1.
The Acting Secretary of State to the Mexican Ambassador.
Washington, July 16, 1908.
Excellency: Referring to the Mexican Embassy’s note No. 152 of March 3, 1908, I have the honor to inclose herewith a copy of a letter from the Attorney General in which he expresses the opinion that the 40 days during which a fugitive from justice may be detained under the terms of the extradition treaty between the United States and Mexico, “to await the production of documents upon which the claim for extradition is founded,” must be considered as meaning 40 days prior to the production of the documents to the State Department in the United States or the corresponding branch of the Mexican Government, and that if the said documents are thus produced within 40 days, the suspected criminal has no absolute right of release under the terms of the treaty, but may be detained for a reasonable additional period to afford time for an investigation into his probable guilt or innocence.
The department will, accordingly, conform to the opinion of the Attorney General, as expressed in his letter, in all future extradition cases.