File No. 211.54.
The Swiss Chargé d’Affaires to the Secretary of State.
Washington, October 5, 1911.
Mr. Secretary of State: In compliance with my Government’s instructions and with reference to a conversation I had in June, 1910, with Assistant Secretary Chandler Hale, I have the honor to bring before your excellency the following facts relating to the interpretation of Article XIII of the extradition treaty, concluded May 14, 1900,”between Switzerland and the United States.
It is the practice of the Department of Justice of the United States, when remitting to requisitioning government the statement of expenses incurred by the Government of the United States in extradition cases, to charge for certain services coming within the duties of United States marshals various items which in fact constitute “fees.”
I shall confine myself to mentioning here the last three extradition cases that have been attended to by this legation, in which the statements of expenses were as follows:
- (A)
- Extradition of Henri Kaegi: The Department of State delivered to the legation the warrant of surrender by note of January 21, 1908, and the statement of expenses amounting to $31.35 by note of October 27, 1908.
- (B)
- Extradition of Franz Buchli: The Department of State transmitted to the legation the warrant of surrender with its note of March 21, 1908, and the statement of expenses amounting to $56.30 with its note of April 10, 1909.
- (C)
- Extradition of Joseph Sattler (alias Théophile Bosshardt): The Department of State forwarded to the legation the warrant of surrender in its note of May 12, 1908, and the statement of expenses amounting to $33.97 in its note of January 19, 1910.
I beg leave to reproduce herein below in each case the items to which I desire to call your excellency’s attention:
(A) Extradition of Henri Kaegi: (Extract from the “itemized statement of Eugene Nolte, United States marshal for the western district of Texas.)
[Page 731]January 26, 1908:
| Serving extradition warrant by delivering prisoner to J. D. Womack, representative of the Swiss Confederation | $2.00 |
January 3, 1908:
| Deputy F. H. Lancaster, serving warrant | 2.00 |
| Attending hearing before Commissioner Scott | 2.00 |
| Committing defendant | .50 |
(B) Extradition of Franz Buclili: (Extract from the “itemized statement” of Thomas J. Alcott, United States marshal for the district of New Jersey.)
February 12, 1908:
| Fee for serving warrant | $2.00 |
| Fee for committing | .50 |
February 15, 1908:
| Fee for attendance before commissioner | 2.00 |
February 21, 1908:
| Fee for attendance before commissioner | 2.00 |
(C) Extradition of Joseph Sattler: (Extract from “itemized statement” of William Henkel, United States marshal for the southern district of New York.)
April 28, 1908:
| Fee for serving warrant | $2.00 |
| Fee for attendance of deputy before commissioner | 2.00 |
June 3, 1908:
| Fee for discharging prisoner | .50 |
As there is no request for extradition made by the Government of the Swiss Confederation now pending before the Government of the United States, the Federal Council considers this to be the particularly proper time for putting the question presented in this communication on a general basis of interpretation of the Swiss-American extradition treaty.
Article XIII of the said diplomatic instrument contains, among others, the following provision:
of such officials of the Government upon which the demand is made as receive a fixed salary.
Now—and saving any new provision that might have escaped the legation’s notice—an act of Congress, approved May 28,1896, changed the compensation of United States marshals to a fixed salary ranging from $2,000 to $5,500, according to the Federal judicial districts.
From the Swiss viewpoint it therefore seems certain that the United States marshals belong to the class of salaried officials. As, on the other hand, the text of the above quoted Article XIII is clear and precise and leaves no room for doubt, I have the honor to bring to your excellency’s notice the divergence in the interpretation put upon it by American officials who have occasion to apply it.
It is proper to remark here that the amount of fees heretofore charged by the United States marshals never was very important and that the legation always paid them in full; there is no intention on the part of my Government to have the money paid in the past refunded or give to this note the character of a complaint; but in view of our mutual good relations the Federal Council would be glad if the provisions of the treaties concluded between Switzerland and the United States could all, without any exception, be interpreted in every point in exactly the same way by the two Governments.
[Page 732]Actuated by motives of harmony and good understanding only, I have therefore the honor to beg that your excellency will kindly examine this question, and I feel even now certain that the examination may completely remove the divergence in the interpretation of Article XIII. I wish to add that your excellency would greatly oblige me by returning an answer as soon as possible.
Be pleased to accept, etc.,