position, where the amount of money or the value of the property misappropriated exceeds twenty-five dollars or one hundred reichsmarks. 24. Crimes and offenses against the laws of both countries for the suppression of slavery and slave trading. 25. Use of explosives so as to endanger human life or property. 26. Bribery. 27. Crimes or offenses against the bankruptcy laws. 28. Crimes or offenses against the laws for the suppression of the traffic in narcotics. Extradition shall also take place for an attempt to commit, or for the participation in any of the crimes or offenses before mentioned as an accessory before or after the fact, including receiving any money, valuable securities, or other property knowing the same to have been unlawfully obtained but only where the amount of money or the value of the property so received exceeds twenty-five dollars or one hundred reichsmarks. ARTICLE IV The provisions of the present Treaty shall not import a claim of extradition for any crime or offense of a political character, nor for acts connected with such crimes or offenses. However, a willful crime against human life except in battle or an open combat, shall in no case be deemed a crime of a political character, or an act connected with crimes or offenses of such a character. ARTICLE V In the country to which he has been surrendered, a person extradited under this Treaty shall not, without the consent of the government which surrendered him, be tried or punished or given up to a third government for a crime or offense committed previously to his extradition other than that which gave rise to the extradition, nor be restricted in his personal liberty for any reason existing previously to his extradition, unless he shall have been allowed one month to leave the country after having been discharged; and if he shall have been tried and condemned to punishment he shall be allowed one month after having suffered his penalty or having been pardoned. This exemption shall not be granted if the person surrendered, after leaving the country to which his extradition has been granted, there returns or is extradited to that country by a third government. ARTICLE VI A fugitive criminal shall not be surrendered under the provisions hereof, when, from lapse of time or other lawful cause, according to the laws of the country where the fugitive shall be found, the criminal is exempt from prosecution or punishment for the crime or offense for which the surrender is asked, or when his extradition is asked for the same crime or offense for which he has been tried, convicted or acquitted in that country, or so long as he is under prosecution for that crime or offense. ARTICLE VII If a fugitive criminal whose surrender may be claimed pursuant to the stipulations hereof, be actually under prosecution, out on bail, or in custody, otherwise than for the crime or offense for which bis extradition has been sought, his extradition may be deferred until such proceedings be terminated, and until he shall have been set at liberty in due course of law. ARTICLE VIII If the extradition of a fugitive which is requested by one of the parties hereto, shall also be requested by one or more other governments, the surrendering government shall be free to choose to which request it will give preference. ARTICLE IX Everything found in the possession of the fugitive criminal, whether being the proceeds of the crime or offense, or which may be material as evidence in making proof of the crime or offense, shall so far as practicable, according to the laws of the respective High Contracting Parties be delivered up with his person at the time of surrender. Nevertheless, the rights of a third party with regard to the articles referred to, shall be duly respected, and, upon the request of the Government which has delivered up such articles, they shall be returned to that Government, provided that a reservation to that effect shall have been made at the time of delivery. ARTICLE X Requisitions for the surrender of fugitives from justice shall be made by the respective diplomatic agents of the High Contracting Parties. In the event of the absence of such agents from the country or its seat of government, or where extradition is sought from territory referred to in Article I, other than the United States or Germany, requisitions may be made by superior consular officers. The arrest of the fugitive shall be brought about in accordance with the laws of the party to which the request is made, and if, after an examination, it shall be decided, according to the law and the evidence, that extradition is due, pursuant to this Treaty, the fugitive shall be surrendered according to the forms of law prescribed in such cases. If the fugitive criminal shall have been convicted of the crime or offense for which his surrender is asked, a copy of the sentence following such conviction, duly authenticated, shall be produced. If, however, the fugitive is merely charged with a crime or offense, a duly authenticated copy of the warrant of arrest in the country where the crime or offense was committed shall be produced, together with the depositions upon which such warrant may have been issued, or such other evidence or proof as may be deemed competent in the case, or both. The person provisionally arrested shall be released, unless within one month from the date of arrest in Germany, or from the date of commitment in the United States, the formal requisition for surrender with the documentary proofs herein before prescribed be made as aforesaid by the diplomatic agent of the demanding government or, in his absence, by a consular officer thereof. However, each government agrees that, upon the request of the other government, it will address to the competent authorities an application for the extension of the time thus limited so as to allow an additional month for the purposes indicated and nothing herein contained shall be construed to prevent the granting of such an application. ARTICLE XI The expense of transportation of the fugitive shall be borne by the government which has preferred the demand for extradition. The appropriate legal officers of the country where the proceedings of extradition are had, shall assist the officers of the Government demanding the extradition before the respective judges and magistrates, by every legal means within their power; and no claim other than for the board and lodging of a fugitive prior to his surrender, arising out of the arrest, detention, examination and surrender of fugitives under this treaty shall be made against the government demanding the extradition; provided, however, that any officer or officers of the surrendering government giving assistance, who shall, in the usual course of their duty, receive no salary or compensation other than specific fees for services performed, shall be entitled to receive from the government demanding the extradition the customary fees for the acts or services performed by them, in the same manner and to the same amount as though such acts or services had been performed in ordinary criminal proceedings under the laws of the country of which they are officers. ARTICLE XII The present treaty shall be ratified by the High Contracting Parties in accordance with their respective constitutional methods and shall take effect one month after the exchange of ratifications which shall take place at Washington as soon as possible. ARTICLE XIII The present treaty shall remain in force for a period of ten years, and in case neither of the High Contracting Parties shall have given notice one year before the expiration of that period of its intention to terminate the treaty, it shall continue in force until the expiration of one year from the date on which such notice of termination shall be given by either of the High Contracting Parties. IN WITNESS WHEREOF the above named Plenipotentiaries have signed the present treaty and have hereunto affixed their seals. DONE in duplicate in the English and German languages at Berlin this 12th day of July 1930. The Ambassador in Germany (Sackett) to the Secretary of State No. 458 BERLIN, September 2, 1930. [Received September 15.] SIR: In continuation of my cablegrams Nos. 93 of September 2, 11 a. m. and 94 of September 2, 4 p. m.53 I have the honor to inform the Department that in consequence of a telegram marked urgent received from the American Consul General at Antwerp, a copy of which is enclosed, the Embassy informed the German police that one Jack Diamond, who is wanted by the New York police, landed at Antwerp on the morning of September 1, but could not be held for lack of conventional formalities in connection with his extradition. Therefore Diamond was deported to the German border at Herbesthal en route to Cologne on a train arriving there at 10:59 in the evening. In view of these circumstances the German police were requested by the Embassy to hold Diamond pending action by competent American authority. Neither printed. 54 Not printed. Mr. Letcher's telegram seemed clearly to presuppose a departmental instruction designed to secure Diamond's detention, addressed either to the Embassy in Brussels or to the Consulate General at Antwerp. I may add that this assumption was necessarily confirmed by the reports appearing in the press over here during the past week concerning the efforts of the American authorities to have Diamond taken into custody in France or in England. In any event, if any action were to be taken on Mr. Letcher's telegram-which was addressed to my residence and only delivered there by the postal authorities at 8:30 on the evening of Labor Day-it had to be taken immediately, and there was no time-though the attempt was made to communicate by telephone with the Consulate General at Antwerp in order to find out further facts which might guide the Embassy's action. Consequently in the ensuing two hours the Embassy succeeded in communicating to the police the information set forth in the preceding paragraph and in causing Diamond's detention at Aachen on the German-Belgian border. In communicating the request to the local authorities the Embassy was very careful to point out that no request would be made for Diamond's extradition inasmuch as the German-American treaty 5 had not yet been ratified, but suggested that in view of Diamond's record he could be regarded by them as an "undesirable alien" and deported to a neighboring country, preferably France. The following morning the American Consul at Cologne was informed of the facts and, as Aachen is in his district, requested to assume charge of the case, pending instructions from the Department. Then, during the afternoon of the same day the Embassy received a telegram from the American Embassy at Brussels to the effect that the Chief of Police of New York gave out the statement concerning Diamond for the "purpose of warning the Belgian authorities and not with a view to bringing about his arrest" (see copy of telegram enclosed herewith).56 In consequence the Embassy advised the Consul at Cologne as stated in my telegram No. 94 of September 2, 4 p.m. to advise the German police officials that no charge is being formulated against Diamond nor request being made for his continued detention. September 3, 1930. Since dictating the foregoing the Embassy has just received the Department's instruction No. 84 of September 2, 6 p. m.56 which reads in part as follows: "Is the Department to understand from your request in Diamond's case and German compliance that notwithstanding treaty not yet in |