File No. 22867.

Chargé Hitt to the Secretary of State.

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.,

R. S. Reynolds Hitt.


[Note verbale.]

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.