File No. 211.52L89/2.
The Acting Secretary of State to the Attorney General.
Washington, March 9, 1911.
The Spanish minister to whom, pursuant to the provisions of article 11 of the extradition treaty between the two countries, a preliminary mandate has been issued by this department for the arrest of Tómas Loscesta and Lazareto Calvo, charged in Spain with fraud by agents in a fiduciary position (sec. 20, art. 2 of treaty) reports that United States Commissioner John A. Shields, to whom the Spanish consul general in New York has presented the preliminary mandate, declines to act unless legal counsel is employed in behalf of the Spanish Government. I have the honor to request that you instruct the United States attorney at New York, by telegraph, to take the matter up with the Spanish consul general and assist him in securing the arrest of the accused parties, in pursuance of the provisions of article 13 of the treaty.