File No. 211.63Or5/3.

The Ambassador of Austria-Hungary to the Secretary of State.

No. 2497.]

Your Excellency: Referring to the esteemed note No. 602 of the 18th instant, I have the honor to inform your excellency that my Government has given up extending the request for extradition of Moritz Ormai to other crimes and that said person was embarked yesterday.

The question of keeping him longer under arrest has therefore been solved, and I should like to take the liberty of merely referring to a statement in your excellency’s note which might be of fundamental importance in future cases. As stated by your excellency in note No. 2331 of October 3 instant, the arrest of Ormai took place at (toward) the end of August (the exact date is the 22d of that month); the proceedings before the United States commissioner regarding his extradition were terminated on September 28.

In your note your excellency stated this day as “the date upon which the accused was committed” and on which the two-month period within which the party should be extradited began. I should be much obliged to your excellency for a kind statement whether this is a mistake (which would be easily explainable) or whether the two-month period just mentioned is actually to be calculated from the day on which the proceedings before the United States commissioner are terminated instead of from the day of arrest.

Please accept, etc.,

(In representation of the Austro-Hungarian Ambassador),
Counsellor of Legation.