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SEC. 4. [Annual reports of traveling expenses of department employees at Washington.] It shall be the duty of the head of each Executive Department and other Government establishment at Washington to submit to Congress at the beginning of each regular session a statement showing in detail what officers or employees (other than special agents, inspectors, or employees, who in the discharge of their regular duties are required to constantly travel) of such Executive Department or other Government establishment have traveled on official business from Washington to points outside of the District of Columbia during the preceding fiscal year, giving in each case the full title of the official or employee, the destination or destinations of such travel, the business or work on account of which the same was made, and the total expense to the United States charged in each case. [35 Stat. L. 244.]

This is from the Legislative, Executive, and Judicial Appropriation Act of May 22, 1908, ch. 186.

That

[SEC. 1.] [Detail of employees to office of President.] employees of the executive departments and other establishments of the executive branch of the Government may be detailed from time to time to the office of the President of the United States for such temporary assistance as may be necessary. [38 Stat. L. 1007.]

This and the following section 5 are from the Legislative, Executive, and Judicial Appropriation Act of March 4, 1915, ch. 141. Identical provisions relating to details of employees have occurred in similar Appropriation Acts for prior years.

SEC. 5. [Subscriptions to periodicals - payment in advance.] That hereafter subscriptions to periodicals, which have been certified in writing by the respective heads of the executive departments or other Government establishments to be required for official use, may be paid in advance from appropriations available therefor. [38 Stat. L. 1049.]

See the note to the preceding section 1 of this Act.

EXECUTIVE MANSION

See PUBLIC PROPERTY, BUILDINGS AND GROUNDS

EXECUTORS AND ADMINISTRATORS

See CLAIMS; INTERNAL REVENUE; NATIONAL BANKS; PATENTS; PUBLIC LANDS

EXEMPTIONS

See BANKRUPTCY; INTERNAL REVENUE; JUDICIARY; MILITIA; PENSIONS; and consult the General Index

EXPATRIATION

See CITIZENSHIP

EXPEDITING ACTS

See INTERSTATE COMMERCE; TRADE COMBINATIONS AND TRUSTS

EXPERIMENT STATIONS

See AGRICULTURE

EXPORTS

See IMPORTS AND EXPORTS

EXTENSION WORK

-See EDUCATION

EXTORTION

See CUSTOMS DUTIES; INTERNAL REVENUE; PENAL LAWS

EXTRADITION

R. S. 5270. Fugitives from the Justice of a Foreign Country, 265.

R. S. 5271. Evidence on the Hearing, 281.

R. S. 5272. Surrender of the Fugitive, 282.

R. S. 5273. Time Allowed for Extradition, 283.

R. S. 5274. Continuance of Provisions Limited, 283.

R. S. 5275. Protection of the Accused, 283.

R. S. 5276.

Powers of Agent Receiving Offenders Delivered by a Foreign
Government, 284.

R. S. 5277. Penalty for Opposing Agent, etc., 284.

R. S. 5278. Fugitives from Justice of a State or Territory, 285.

R. S. 5279. Penalty for Resisting Agent, etc., 311.

Act of Aug. 3, 1882, ch. 378, 312.

Sec. 1. Extradition Cases to be Heard Publicly, etc., 312.

3. Subpoena of Witnesses for Defendant - Costs, 312.

4. Witness Fees, Costs, etc., Certified to and Paid by Secretary of State, etc., 313.

5. Evidence on Hearing, 313.

6. Repeal, 315.

Act of June 28, 1902, ch. 1301, 315.

Sec. 1. Fees and Costs Out of What Appropriations Payable, 315.

CROSS-REFERENCE

Escape of Prisoners, see PENAL LAWS.

Sec. 5270. [Fugitives from the justice of a foreign country.] Whenever there is a treaty or convention for extradition between the Government of the United States and any foreign government, any justice of the Supreme Court, circuit judge, district judge, commissioner, authorized so to do by any of the courts of the United States, or judge of a court of record of general jurisdiction of any State, may, upon complaint made under oath, charging any person found within the limits of any State, district, or Territory, with having committed within the jurisdiction of any such foreign government any of the crimes provided for by such treaty or convention, issue his warrant for the apprehension of the person so charged, that he may be brought before such justice, judge, or commissioner, to the end that the evidence of criminality may be heard and considered. If, on such hearing, he deems the evidence sufficient to sustain the charge under the provisions of the proper treaty or convention, he shall certify the same, together with a copy of all the testimony taken before him, to the Secretary of State, that a warrant may issue upon the requisition of the proper authorities of such foreign government, for the surrender of such person, according to the stipulations of the treaty or convention; and he shall issue his

warrant for the commitment of the person so charged to the proper jail, there to remain until such surrender shall be made. Provided, That whenever any foreign country or territory, or any part thereof, is occupied by or under the control of the United States, any person who shall violate, or who has violated, the criminal laws in force therein by the commission of any of the following offenses, namely: Murder and assault with intent to commit murder; counterfeiting or altering money, or uttering or bringing into circulation counterfeit or altered money; counterfeiting certificates or coupons of public indebtedness, bank notes, or other instruments of public credit, and the utterance or circulation of the same; forgery or altering, and uttering what is forged or altered; embezzlement or criminal malversation of the public funds, committed by public officers, employees, or depositaries; larceny or embezzlement of an amount not less than one hundred dollars in value; robbery; burglary, defined to be the breaking and entering by nighttime into the house of another person with intent to commit a felony therein; and the act of breaking and entering the house or building of another, whether in the day or night time, with the intent to commit a felony therein; the act of entering, or of breaking and entering the offices of the Government and public authorities, or the offices of banks, banking houses, savings banks, trust companies, insurance or other companies, with the intent to commit a felony therein; perjury or the subornation of perjury; rape; arson; piracy by the law of nations; murder, assault with intent to kill, and manslaughter, committed on the high seas, on board a ship owned by or in control of citizens or residents of such foreign country or territory and not under the flag of the United States, or of some other government; malicious destruction of or attempt to destroy railways, trams, vessels, bridges, dwellings, public edifices, or other buildings, when the act endangers human life, and who shall depart or flee, or who has departed or fled, from justice therein to the United States, any Territory thereof or to the District of Columbia, shall, when found therein, be liable to arrest and detention by the authorities of the United States, and on the written request or requisition of the military governor or other chief executive officer in control of such foreign country or territory shall be returned and surrendered as hereinafter provided to such authorities for trial under the laws in force in the place where such offense was committed. All the provisions of sections fifty-two hundred and seventy to fifty-two hundred and seventyseven of this title, so far as applicable, shall govern proceedings authorized by this proviso: Provided further, That such proceedings shall be had before a judge of the courts of the United States only, who shall hold such person on evidence establishing probable cause that he is guilty of the offense charged: And provided further, That no return or surrender shall be made of any person charged with the commission of any offense of a political nature. If so held such person shall be returned and surrendered to the authorities in control of such foreign country or territory on the order of the Secretary of State of the United States, and such authorities shall secure to such a person a fair and impartial trial. [R. S.]

Act of Aug. 12, 1848, ch. 167, 9 Stat. L. 302.

This section was amended to read as above given by the Act of June 6, 1900, ch. 793, 31 Stat. L. 656. The amendment consisted in adding the three provisos.

Sections 5270 to 5280 constitute title LXVI of the Revised Statutes, "Extradition." The provisions of R. S. secs. 5270-5277 inclusive, with their amendments were made applicable to the Philippine Islands by an Act of Feb. 6, 1905, ch. 454, § 1, 33 Stat. L. 698. See the title PHILIPPINE ISLANDS.

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I. CONSTITUTIONALITY

Applicability of fifth amendment. The provision of the fifth amendment, that no person shall be held to answer for a capital or otherwise infamous crime unless on presentment or indictment of a grand jury," does not apply to persons held in extradition proceedings to answer such crimes in foreign countries. Ex p. La. Mantia, (S. D: N. Y. 1913) 206 Fed. 330.

Applicability of sixth amendment. The provision of the sixth amendment, requiring the accused in criminal prosecutions "to be confronted with the witnesses against him," obviously applies to criminal prosecutions tried here, and not to persons extradited for trial under treaties with foreign countries whose laws may be entirely different. Ex P. La Mantia, (S. D. N. Y. 1913) 206 Fed. 330.

Due process of law. Where an extradition treaty subsists with a foreign government under the Constitution and law of the land, a surrender of an alleged fugitive in pursuance thereof is in accordance with the due process of law clause of the Constitution. Ex p. Charlton, (1911) 185 Fed. 880, affirmed 229 U. S. 447.

Constitutionality of proviso. This Act is not unconstitutional and void in that it does not secure to the accused, when surrendered to a foreign country for trial in its tribunals, all of the rights, privileges, and immunities that are guaranteed by the Constitution to persons charged with the commission in this country of crime against the United States. Neely v. Henkel, (1901) 180 U. S. 109, 21 S. Ct. 302, 45 U. S. (L. ed.) 448, affirming In re Neely, (1900) 103 Fed. 626.

II. JURISDICTION OF FEDERAL GOVERNMENT OVER EXTRADITION

Exclusive jurisdiction of federal government. The foreign intercourse of this country has been conferred upon the federal government, and the treaties which govern the rights and conduct of the parties, and the Acts of Congress relating thereto, are in their nature exclusive; though it can hardly be admitted that, even in the absence of treaties or Acts of Congress on the subject, the extradition of a fugitive from justice can become the subject of negotiation between a state of the Union and a foreign government. U. S. v. Rauscher, (1886) 119 U. S. 407, 7 S. Ct. 234, 30 U. S. (L. ed.) 425; (1841) 3 Op. Atty.-Gen. 661. See Ex p. Holmes, (1840) 12 Vt. 631.

A state law, providing that the governor in his discretion, deliver over to jusmay, tice any person found within the state who shall be charged with having committed, without the jurisdiction of the United States, any crime except treason, is unconstitutional and void. Matter of Vogt, (1872) 44 How. Pr. (N. Y.) 171; People v. Curtis, (1872) 50 N. Y. 321, 10 Am. Rep. 483.

The executive of a state has no power to cause a fugitive criminal to be arrested, for the purpose of delivering him up, at the request of a private person, without the interference of the government of the country within whose territorial jurisdiction the offense is alleged to have been committed, or of the United States. Com. v. Deacon, (1832) 10 Serg. & R. (Pa.) 125. III. TREATY AS AFFECTING RIGHT TO EXTRADITION

Rule stated. Congress has a perfect right to provide for the extradition of criminals in its own way, with or without a treaty to that effect, and to declare that foreign criminals shall be surrendered upon such proofs of criminality as it may judge sufficient. This appears to have been the object of this section, which is applicable to all foreign governments with which we have treaties of extradition, and by its very terms applies "in all cases in which there now exists or hereafter may exist, any treaty or convention for extradition." Charlton v. Kelly, (1913) 229 U. S. 447, 33 S. Ct. 945, 57 U. S. (L. ed.) 1274, 46 L. R. A. (N. S.) 397.

But without a stipulation by treaty, however fit it might seem in point of comity or morals to surrender citizens of other countries to answer for offenses committed at home against their own laws, it is usually considered that there is no political obligation under the law of nations to do it. Matter of Sheazle, (1845) 1 Woodb. & M. 66, 21 Fed. Cas. No. 12,734.

A nation whose citizen or subject commits a crime within its own jurisdiction, and is afterward found within that of

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