File No. 22867.
Chargé Hitt to the
Secretary of State.
American Embassy,
Berlin, December 6,
1909.
No. 527.]
Sir: I have the honor to transmit herewith a
copy, with translation, of a note which I have received from the foreign
office, under date of the 4th instant, relative to one Max Runge, who is
being sought by the New York police under a charge of theft, and whose
arrest, with a view to extradition, the New York police department has
requested of the police president of Berlin.
It will be observed that the foreign office points out that the
individual in question would not seem to be extraditable, as the offense
against him is not included in the extradition treaty of June 16, 1852,
but that if he is a German subject, he might be prosecuted before the
German courts, if this was requested by the Government of the United
States and the assurance given of reciprocal treatment on the part of
the United States in similar cases.
I have, etc.,
[Inclosure—Translation.]
[Note verbale.]
Foreign Office,
Berlin, December 4,
1909.
The foreign office has the honor to inform the embassy of the United
States of America that, under date of November 5, 1909, the New York
police department requested the president of police at Berlin to
cause the necessary steps to be taken in order that search might be
instituted for one Max Runge, a ship steward, born at Berlin, April
3, 1881, wanted in New York for theft, and that in case he should be
found he might be provisionally detained for the purpose of his
extradition.
Since the fugitive is said to have been born here it is to be
presumed that he was born a German subject. The question is raised
whether he has in the meanwhile lost his German nationality by
acquiring citizenship in the United States of America. In neither
case would his extradition come in question, since the offense with
which he is charged is not listed in the extradition treaty of June
16, 1852, between Prussia and other States of the Germanic
Federation on the one part and the United States of North America on
the other part. In case Runge should still possess German
nationality it could be considered whether he might not be brought
before the German courts to answer for the offense committed in the
United States. In order to do this, however, it would be necessary
for the Government of the United States of America to request
Runge’s criminal prosecution and at the same time to declare that it
guarantees reciprocity in reverse cases.
The foreign office therefore has the honor to request information
concerning the points designated from the embassy of the United
States of America.
