File No. 10901/44–45.

The Secretary of State to the Russian Chargé.

Sir: I have the honor to acknowledge the receipt of your note of the 11th instant, transmitting a memorandum setting forth the views [Page 517] of your embassy on the subject of the affidavits in the extradition case of Jan Janoff Pouren, copies of which were inclosed to you with this department’s note of October 9.

In reply I have the honor to state that the case has been remitted to Commissioner Shields with instructions to reopen the hearing for the purpose of taking testimony to determine whether the offenses were political in their character and so within the provisions of the treaty, which stipulate that if it be made to appear that extradition is sought with a view to try or punish the person demanded for an offense of a political character, surrender shall not take place.

Accept, etc.,

Elihu Root.