File No. 211.63Or5/2.
The Secretary of State to the Ambassador of Austria-Hungary.
Washington, October 18, 1910.
Excellency: I have the honor to acknowledge the receipt of the embassy’s note of October 11, which requests that Moritz Ormai, for whose extradition on the charge of forgery a warrant was issued on the 8th instant, be held in custody, for the reason that the Austro-Hungarian Government suspects that Ormai is guilty of other crimes and is gathering the necessary evidence upon which to base a request for his extradition for such further offenses.
In seeking Ormai’s extradition for the further charges, the same procedure should be followed that was adopted in the original proceedings. Some one acting in behalf of the Austro-Hungarian Government should make complaint on oath before the extradition magistrate, whereupon a warrant will be issued covering the additional [Page 78] charges, and the evidence of criminality may be presented and considered.
Under our law a period of two calendar months from the date upon which the accused was committed by the magistrate for extradition is allowed to convey him out of the United States. As he was committed on September 28, this will afford ample time for the institution of further proceedings.