File No. 23700/20.
The Acting Secretary of State to Minister Beaupré.
Washington, May 9, 1910.
Mr. Wilson acknowledges legation’s May 7, and says that under the laws of the United States Knepper’s crime constitutes burglary as defined by the treaty, and that the law of America defines breaking and entering as including opening of window or door even if the window or door is not latched or locked, and that crime of Knepper is clearly within this definition. Mr. Wilson states that, as the initial commitment upon which the department finally acts is made or refused by judicial authorities over whom the department exercises no control, it can not guarantee the surrender of fugitives, but, in view of the fact that to refuse to regard as burglary an offense of the character committed by Knepper would require the overturning of unquestioned and well-established legal principles, the department feels certain that the Government of the United States would be able to surrender to the Luxemburg Government a fugitive from that country similarly charged, and trusts that the authorities of Luxemburg will find it possible to surrender Knepper.