File No. 211.54/1.
The Secretary of State to
the Swiss Chargé d’Affaires.
Department of State,
Washington, November 13,
1911.
No. 89
Sir: Referring to your note of the 5th ultimo,
in regard to the expenses incurred in connection with the extradition of
certain Swiss citizens, in which note the position was taken that under
the provisions of Article XIII of the treaty of extradition between the
two countries no charge can properly be made for marshals’ fees, I have
now the honor to inclose for your information a copy of a letter on the
subject from the Attorney General, to whom the matter was referred, as
the act of June 28, 1902, transferred the settlement of accounts for
extradition expenses to the Department of Justice.
It appears from the Attorney General’s letter that he takes the same view
of the matter as that expressed in your note, and that the marshals’
fees in the cases referred to in the note were inadverently charged.
Accept, etc.,
[Inclosure.]
The Attorney General
to the Secretary of State.
Department of Justice,
Washington, November 7,
1911.
Sir: I have the honor to acknowledge the
receipt of your letter of the 30th ultimo,1 in, which you ask the
advice of this department as to whether, under the treaty existing
between the United States and the Swiss Confederation, United States
marshals have the right to charge “fees” in extradition cases.
Article XIII of the treaty concluded May 14, 1900, between
Switzerland and the United States (31 Stats. 1933) provides that the
State making the demand shall not be charged for the services of
such officials of the Government, upon which the demand is made, as
receive a fixed salary.
By the act of May 28, 1896 (sec. 9, 29 Stats., 181), marshals in the
various judicial districts were placed upon a salary basis instead
of fees, and it seems that, under the law and the treaty, the
Republic of Switzerland has inadvertently been charged with fees in
the cases set out in the memorandum of the chargé d’affaires of that
country in this city. Respectfully,
(For the Attorney General)
Winfred T. Denison.
